(1) A public employer may not exclude an applicant from an initial interview because of a past criminal conviction.

(2) A public employer excludes an applicant from an initial interview if the public employer: (a) requires an applicant to disclose, on an employment application, a criminal conviction; (b) requires an applicant to disclose, before an initial interview, a criminal conviction; or (c) if no interview is conducted, requires an applicant to disclose, before making a conditional offer of employment, a criminal conviction.

(a) requires an applicant to disclose, on an employment application, a criminal conviction;

(b) requires an applicant to disclose, before an initial interview, a criminal conviction; or

(c) if no interview is conducted, requires an applicant to disclose, before making a conditional offer of employment, a criminal conviction.

(3) (a) A public employer may not make any inquiry related to an applicant's expunged criminal history. (b) An applicant seeking employment from a public employer may answer a question related to an expunged criminal record as though the action underlying the expunged criminal record never occurred.

(a) A public employer may not make any inquiry related to an applicant's expunged criminal history.

(b) An applicant seeking employment from a public employer may answer a question related to an expunged criminal record as though the action underlying the expunged criminal record never occurred.

(4) Subject to Subsections (1) through (3), nothing in this section prevents a public employer from: (a) asking an applicant for information about an applicant's criminal conviction history during an initial interview or after an initial interview; or (b) considering an applicant's conviction history when making a hiring decision.

(a) asking an applicant for information about an applicant's criminal conviction history during an initial interview or after an initial interview; or

(b) considering an applicant's conviction history when making a hiring decision.

(5) Subsections (1) through (3) do not apply: (a) if federal, state, or local law, including corresponding administrative rules, requires the consideration of an applicant's criminal conviction history; (b) to a public employer that is a law enforcement agency; (c) to a public employer that is part of the criminal or juvenile justice system; (d) to a public employer seeking a nonemployee volunteer; (e) to a public employer that works with children or vulnerable adults; (f) to the Department of Alcoholic Beverage Control created in Section 32B-2-203; (g) to the State Tax Commission; (h) to a public employer whose primary purpose is performing financial or fiduciary functions; and (i) to a public transit district hiring or promoting an individual for a safety sensitive position described in Section 17B-2a-825.

(a) if federal, state, or local law, including corresponding administrative rules, requires the consideration of an applicant's criminal conviction history;

(b) to a public employer that is a law enforcement agency;

(c) to a public employer that is part of the criminal or juvenile justice system;

(d) to a public employer seeking a nonemployee volunteer;

(e) to a public employer that works with children or vulnerable adults;

(f) to the Department of Alcoholic Beverage Control created in Section 32B-2-203;

(g) to the State Tax Commission;

(h) to a public employer whose primary purpose is performing financial or fiduciary functions; and

(i) to a public transit district hiring or promoting an individual for a safety sensitive position described in Section 17B-2a-825.