Background checks - Oklahoma

Summary of differences between federal and state regulations

Arrest and conviction record inquiries

Applies to state agencies. Executive Order 2016-03.

Signed February 24, 2016, the order required state agencies to eliminate questions about convictions from employment applications. The order does not apply to positions for which a felony conviction would automatically disqualify the applicant per law.

Private employers may not inquire about sealed record information, nor may they deny employment based solely on the existence of such a record.

State

Contacts

Employer immunity from disclosure claims

Oklahoma Department of Labor

Arrest record inquiries

Oklahoma Human Rights Commission

Oklahoma District Attorneys Council

Conviction record inquiries

Oklahoma Human Rights Commission

Oklahoma District Attorneys Council

Regulations

Employer immunity from disclosure claims

Oklahoma Statute 40-61, Disclosure of information by employer – presumption of good faith – immunity from liability

§40-171.  Public service corporation to give letter to employee leaving service

Oklahoma Statute 40-172, Blacklisting

Arrest record inquiries

Oklahoma Statute Title 22, Section 19, Sealing and unsealing of records – procedure

Conviction record inquiries

Oklahoma Statute Title 22, Section 19, Sealing and unsealing of records – procedure

Federal

Contacts

Employer immunity from disclosure claims

None.

Arrest record inquiries

Equal Employment Opportunity Commission (EEOC)

Conviction record inquiries

Equal Employment Opportunity Commission (EEOC)

Regulations

Employer immunity from disclosure claims

None.

Arrest record inquiries

None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.

Conviction record inquiries

None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.