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This entry was published on 2014-09-22
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SECTION 753
Factors to be considered concerning a previous criminal conviction; presumption
Correction (COR) CHAPTER 43, ARTICLE 23-A
§ 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 or held by the person.

(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.