Prohibited inquiry, investigation and use

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  • (a) No employer, whether a public agency or private individual or corporation, may ask any applicant for employment to disclose, through any written form or orally, information concerning an arrest or detention that did not result in conviction, or information concerning a referral to, or participation in, any pretrial or post trial diversion program, or concerning a conviction that has been judicially dismissed or ordered sealed pursuant to law; nor may any employer seek from any source whatsoever, or use, as a factor in determining any condition of employment, including hiring, promotion, termination, or any apprenticeship training program or any other training program leading to employment, any record of arrest or detention that did not result in conviction, or any record regarding a referral to, and participation in, any pretrial or post trial diversion program, or concerning a conviction that has been judicially dismissed or ordered sealed pursuant to law.

  • (b) As used in this section, a conviction includes a plea, verdict, or finding of guilt regardless of whether sentence is imposed by the court.

  • (c) Nothing in this subchapter prevents an employer from asking an applicant about an arrest for which the employee or applicant is out on bail or on his or her own recognizance.

  • (d) Nothing in this subchapter prohibits the disclosure of the information authorized for release to a government agency employing a peace officer.


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