Section 6-B417. ASSESSING CRIMINAL HISTORIES

 

417.1The program administrator shall evaluate any derogatory information obtained from a criminal background check and determine whether the individual is suitable for the position he or she occupies or for which he or she has applied.

417.2Upon receipt, the program administrator shall review the criminal history of the individual.

417.3All criminal convictions shall be considered when assessing suitability based on a criminal history. 

 

417.4The program administrator must evaluate an individual’s criminal history to determine whether he or she is suitable for District service. To make this determination, the program administrator shall consider each criminal offense in the context of:

 

(a)   The specific duties and responsibilities of the position;

 

(b)   The bearing, if any, the derogatory information has to those duties and responsibilities;

 

(c)   The length of time that has passed since the criminal offense(s);

 

(d)   The age of the individual at the time of the criminal offense(s);

 

(e)   The frequency and seriousness of the criminal offense(s);

 

(f)   Any mitigating information provided by the individual in response to the derogatory information;

 

(g)   The contributing social or environmental conditions; and

 

(h)   The District’s policy favoring re-entry of ex-offenders into its work force.

 

417.5Notwithstanding any other provision of this chapter, no individual may occupy a safety or protection sensitive position if he or she has been charged with any felony sexual offense(s) or any sexual offense(s) involving minors, and for such offense(s):

 

(a) Was convicted, pleaded guilty, pleaded nolo contendere, placed on probation before judgment, or otherwise placed on a stet docket;

 

(b) Was found not guilty by reason of insanity; or

 

(c) Is currently listed on a sexual offender registry.

 

 

authority

Mayor’s Order 2008-92, dated June 26, 2008, and with the concurrence of the City Administrator; Mayor’s Order 2007-95, dated April 18, 2007; Mayor’s Order 2012-84, dated June 18, 2012; and in accordance with the provisions of the Child and Youth, Safety and Health Omnibus Amendment Act of 2004, effective April 13, 2005 (D.C. Law 15-353; D.C. Official Code §§ 4-1501.01 et seq. (2012 Repl.)); and Sections 422 (2), (3), and (11) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 790; D.C. Official Code §§ 1-204.22(2), (3), (11) (2012 Repl.)).

source

Final Rulemaking published at 55 DCR 724 (January 25, 2008); as amended by Final Rulemaking published at 62 DCR 13820 (October 23, 2015).