§ 753. Factors to be considered concerning a previous criminal conviction; presumption.
1.
In making a determination pursuant to section seven hundred fifty-two of this chapter,
the public agency or private employer shall consider the following factors:
(a) The public policy of this state, as expressed in this act, to encourage
the licensure and employment of persons previously convicted of one or more criminal
offenses.
(b) The specific duties and responsibilities necessarily related to the license or
employment sought.
(c) The bearing, if any, the criminal offense or offenses for which the person
was previously convicted will have on his fitness or ability to perform one or more
such duties or responsibilities.
(d) The time which has elapsed since the occurrence of the criminal offense or
offenses.
(e) The age of the person at the time of occurrence of the criminal offense or
offenses.
(f) The seriousness of the offense or offenses.
(g) Any information produced by the person, or produced on his behalf, in regard
to his rehabilitation and good conduct.
(h) The legitimate interest of the public agency or private employer in
protecting property, and the safety and welfare of specific individuals or the general
public.
2. In making a determination pursuant to section seven hundred fifty-two of this chapter,
the public agency or private employer shall also give consideration to a certificate of
relief from disabilities or a certificate of good conduct issued to the applicant, which
certificate shall create a presumption of rehabilitation in regard to the offense or
offenses specified therein.