Section 306.01 Removal of Criminal Background Question from Employment Application and During Initial Screening/Interview Process

1. conviction of some misdemeanors and felonies may preclude applicants from serving in some county positions;
2. aside from circumstances set forth is Section 306.02(A)(1), all job openings will require a background check at the time of
3. conditional offers of employment; and conditional offers of employment become permanent only upon successful completion of the background check process.

Section 306.02 Conditions Under Which the County May Consider Criminal History When Making Employment Determinations

A. The County may inquire into and consider the criminal history of an applicant for employment:

1. Anytime in the hiring process when the County is required by state or federal law to use such criteria in making a hiring decision for certain positions or job duties, in which case the provisions of Section 306.01 shall not apply; or
2. When not required by law to use such criteria in making a hiring decision, at the time of or once the applicant has been offered conditional employment.

B. When the County inquires into and considers the criminal history of a candidate under Section 306.02(A)(2) of the County Code, the County will apply the nexus test for each position as required by law, including, but not limited to, considering the following criteria:

1. The nature of the offense for which the applicant was convicted.
2. The length of time that has passed since the conviction occurred.
3. The relationship of the conviction to the duties and responsibilities of the position for which the candidate is being considered for employment.
4. Any positive changes demonstrated since the conviction.

(Ordinance Nos. O2021-0018, Enacted 12/7/2021, Effective 12/13/2021; O2012-0005, Enacted 8/28/2012, Effective 9/30/2012)

Section 306.03 Reserved

Section 306.04 Instructions to the Department of Human Resources