Read the full stored bill text
Req. No. 3118 Page 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 1498 By: Nice
AS INTRODUCED
An Act relating to hiring practices; defining terms;
prohibiting employers from certain practices before
making a conditional offer of employment to an
applicant; allowing employers to employ certain
policies during the hiring process; authorizing
employers to consider certain information during the
employment process; construing provisions; excluding
certain applications from the provisions of this act;
providing exceptions to applicability of provisions;
providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1001 of Title 40, unless there
is created a duplication in numbering, reads as follows:
As used in this act:
1. “Criminal record history information” means records related
to a past criminal conviction, arrest, deferred adjudication, or
juvenile adjudication;
2. “Private employer” means a business entity in the private
sector of this state with one or more employees;
Req. No. 3118 Page 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
3. “Public employer” means the State of Oklahoma or any
political subdivision thereof, including any department, agency,
board, commission, institution, authority, public trust,
municipality, county, district, or instrumentality thereof; and
4. “Sensitive position” means any position:
a. at a school district as defined in Section 1-108 of
Title 70 of the Oklahoma Statutes,
b. at a state educational institution as defined in
Section 3102 of Title 70 of the Oklahoma Statutes,
c. with a law enforcement agency requiring Council on Law
Enforcement Education and Training (CLEET)
certification,
d. as a jailer or correctional officer,
e that works with or includes access to children or
vulnerable adults, and
f. with a public employer whose primary purpose is to
perform financial or fiduciary functions.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1003 of Title 40, unless there
is created a duplication in numbering, reads as follows:
A. Except as provided in subsection B of this section, before
making a conditional offer of employment to an applicant, a public
or private employer may not:
Req. No. 3118 Page 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1. Obtain criminal history record information relating to the
applicant; or
2. Ask an applicant for employment to disclose, orally or in
writing, information concerning the applicant’s criminal history.
B. Before making a conditional offer of employment to an
applicant, a public or private employer may:
1. Notify an applicant that under federal, state, or local law,
certain criminal convictions disqualify the applicant from
consideration for the position; and
2. Include a question in an initial employment application form
regarding whether the applicant has a prior criminal conviction that
would disqualify the applicant from employment under federal, state,
or local law. Such questions shall be limited to offenses that
result in disqualification under federal, state, or local law.
C. This section shall not be construed to prohibit an employer
from:
1. Asking an applicant for information about an applicant’s
criminal record history information after the public employer has
made a conditional offer of employment;
2. Obtaining criminal record history information after a
conditional offer of employment; or
3. Considering the criminal record history information when
making final hiring decisions.
Req. No. 3118 Page 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
D. The provisions of this act shall only apply to employment
applications submitted on or after the effective date of this act.
E. This act shall not apply to:
1. Sensitive positions; or
2. Positions under which federal, state, or local law requires
the consideration of an applicant’s criminal record history
information.
SECTION 3. This act shall become effective November 1, 2026.
60-2-3118 BRC 1/9/2026 2:22:22 PM