§ 23-17.7.1-20 - Disqualifying information.
SECTION 23-17.7.1-20
§ 23-17.7.1-20 Disqualifying information.– (a) Information produced by a criminal records review pertaining to conviction,for the following crimes will result in a letter to the employee and employerdisqualifying the applicant from the employment: murder, voluntarymanslaughter, involuntary manslaughter, first degree sexual assault, seconddegree sexual assault, third degree sexual assault, assault on persons sixty(60) years of age or older, assault with intent to commit specified felonies(murder, robbery, rape, burglary, or the abominable and detestable crimeagainst nature), felony assault, patient abuse, neglect or mistreatment ofpatients, first degree arson, robbery, felony drug offenses, larceny, or felonybanking law violations.
(b) Information produced by a criminal records reviewpertaining to convictions for crimes other than those listed in subsection (a)of this section shall entitle, but not obligate the employer to decline to hirethe applicant. An employee against whom conviction information related to thissubsection has been found may request that a copy of the criminal backgroundreport be sent to the employer who shall make a determination regarding thecontinued employment of the employee.
(c) For purposes of this section "conviction" means, inaddition to judgments of conviction entered by a court subsequent to a findingof guilty or a plea of guilty, those instances where the defendant has entereda plea of nolo contendere and has received a sentence of probation and thoseinstances where a defendant has entered into a deferred sentence agreement withthe attorney general.