The Denver Joint Electrical Apprenticeship and Training Committee uses criminal background checks to identify applicants who are not suitable candidates for apprentice electrician programs because they have felony convictions that would render them unable to obtain security clearances or pass background checks required by owners or contractors of public and private projects or felony convictions that raise serious issues as to the potential safety of other apprentices, coworkers, contractors, customers, owners or the general public.
Applicants who have been conditionally selected (those who have passed the aptitude test and received a ranking sufficient to meet the selection requirements) shall be screened for felony convictions and for pleas of guilty or nolo contendere to a felony that were accepted by a court in the past seven years.
For purposes of this policy, "felony" shall be defined as provided in the Crime Classification Guide published by the Colorado Legislative Council, found at www.colorado.gov/cs/Satellite/CGA-LegislativeCouncil/CLC that is current at the time of the background check. "Felony" includes convictions for offenses for which the defendant received a deferred or suspended sentence, unless the record has been expunged according to law. "Felony" does not include a conviction for an offense that has been the subject of an expungement, pardon, annulment, certificate of rehabilitation or other equivalent procedure based on a finding of the rehabilitation of the person convicted, or a conviction that has been the subject of a pardon, annulment or other equivalent procedure based on a finding of innocence.
There are no automatic exclusions from selection or indenture - if a background check discloses one or more felony convictions, an individualized assessment will be made. Every applicant identified by the screen as having been convicted of a felony in the past seven years will be individually assessed by the Committee to determine if the policy as applied under the circumstances is job related and consistent with business necessity (necessary to safe and efficient job performance). Felonies that may demonstrate unfitness under the policy are those that present an extraordinary risk of harm to society or those that involve violence, sexual offenses, misconduct or negligence in employment; material, intentional false statements or deception or fraud; illegal use of narcotics, drugs or other controlled substances and knowing and willful engagement in acts or activities designed to overthrow the government by force. This list is not exclusive nor is it intended to suggest that only felonies of the type listed may render an applicant unsuited for the program. In addition to the nature and gravity of the offense or conduct, the time that has passed since the offense or conduct and/or completion of the sentence shall be considered.
Applicants who have been individually assessed and determined unsuitable for the program shall be notified that they may be excluded from further consideration because of a felony conviction, the conviction that may cause their exclusion and that they have an opportunity to demonstrate that the exclusion should not be applied due to their particular circumstances by submitting additional information to the Committee within 10 days of receiving notice. If the applicant submits additional information, the committee will consider whether the additional information shows that the policy as applied to that applicant is not job related and consistent with business necessity, the committee will notify applicants of the final decision.
Applicants for, and participants in, the apprenticeship program must inform the Committee, within forty-five (45) days of the conviction of a felony under the laws of any State or of the United States and provide a copy of their notice to the state electrical board of the conviction when notice to the state electrical board is required by law.
Information regarding felony convictions that is obtained in a background check or is self-disclosed by an applicant is confidential. This policy shall be applied equally and without regard to race, sex, color, religion, national origin or any other classification protected by law.
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