Bill > HB4666

This bill, known as the Ban-the-Box Act, prohibits public employers in West Virginia from asking job applicants about their criminal history until after the applicant has signed a waiver, is being considered for a specific position, and has been interviewed. The act defines "public employer" as the State of West Virginia and its agencies, and "criminal history" as a conviction for a crime that impacts an applicant's fitness for public employment. While this law applies only to public employers, it encourages similar practices by local governments and private companies and includes exceptions for positions where state or federal law requires a criminal history check upfront, such as law enforcement or jobs involving direct contact with minors or the elderly. If a criminal history is discovered, employers must consider factors like the nature of the offense, how long ago it occurred, the applicant's age at the time of conviction, its relation to the job duties, and evidence of rehabilitation before making a hiring decision, and cannot disqualify an applicant based solely on an arrest that did not lead to a conviction.