Labor; prohibiting certain hiring practices; permitting certain policies during the hiring process; providing exceptions to applicability of provisions. Effective date.
Summary
SB 1498 creates new hiring restrictions for both public and private employers in Oklahoma. Before making a conditional offer of employment, employers would be prohibited from asking applicants about criminal history or obtaining criminal history record information. The bill defines criminal record history information broadly to include convictions, arrests, deferred adjudications, and juvenile adjudications, and it defines private employers, public employers, and certain “sensitive positions” that are excluded from the bill’s coverage.
The bill also preserves limited pre-offer screening. Employers may still notify applicants that certain convictions are disqualifying under applicable law, and they may include narrowly tailored questions on an initial application about convictions that legally bar the applicant from the position. After a conditional offer is made, employers may ask about criminal history, obtain criminal record information, and consider that information in final hiring decisions. The bill applies only to applications submitted on or after its effective date of November 1, 2026.
Impact
If enacted, SB 1498 would add a new section to Title 40 of the Oklahoma Statutes and change how employers conduct background screening and application review. It would limit “ban-the-box”-style inquiries before conditional offers, while still allowing post-offer background checks and consideration of criminal history. The law would not apply to sensitive positions such as school district jobs, state educational institution jobs, certain law enforcement and correctional positions, jobs involving access to children or vulnerable adults, or public positions with primary financial or fiduciary duties, and it would not override other laws that require criminal history review.
Sentiment
The available legislative record shows limited public debate, no recorded votes, and no committee transcript excerpts, so there is little direct evidence of controversy or support in the materials provided. Based on the bill’s structure, it appears aimed at balancing employment opportunities for applicants with criminal records against employer screening needs. Its referral to the Economic Development, Workforce and Tourism committee suggests it was treated as a workforce and labor policy measure rather than a highly contentious issue in the available record.
Contention
The main policy tension in SB 1498 is between restricting employers from asking about criminal history early in the hiring process and preserving employer discretion to screen for safety- or trust-sensitive jobs. Supporters would likely emphasize fair-chance hiring and reducing barriers for applicants with criminal records, while opponents or cautious stakeholders may focus on employer liability, workplace safety, and the need to identify disqualifying convictions earlier for certain roles. The bill addresses some of that concern by carving out sensitive positions and allowing questions where other laws require criminal history consideration.
Occupation certification; allowing for certain certifications; requiring certain registration; permitting certain participation; authorizing certain termination; prohibiting certain action. Effective date.