Pre-employment inquiries

(a) Before posting a vacancy announcement, a public employer shall determine if the position is a covered position. (b) If a position is a covered position, a public employer may inquire about an applicant’s criminal history at any time; provided, that the vacancy announcement includes the following statement: “This position requires a criminal background check. Therefore, you may be required to provide information about your criminal history in order to be considered for this position.” (c) If a position is not a covered position, a public employer shall not inquire about an applicant’s criminal history on the application form. A public employer may inquire about an applicant’s criminal history after the initial screening of applications. If a public employer inquires about an applicant’s criminal history, the applicant shall be permitted to provide an explanation of his criminal history to the public employer.