ExecOrder 1:2016-3.  


Executive Order 2016-03  
One in 12 Oklahomans is a convicted felon. Currently, over 55,000 Oklahomans are in the custody or under the supervision of the Oklahoma Department of Corrections for a felony offense, the majority of whom will eventually be released back into our community. The majority of these individuals are incarcerated or on probation for non-violent felony crimes. In 2015, I issued Executive Order 2015-02, which created the Oklahoma Justice Reform Steering Committee. From that Committee grew four subcommittees, comprised of over 40 professionals involved in criminal justice, corrections, mental health, substance abuse, and re-entry services. Those subcommittees provided many recommendations, including the recommendation to remove the question regarding previous felony convictions and criminal history from all state job applications.
Employment after a felony conviction is always a challenge, and an individual's ability to gain employment is a critical and necessary component to reducing recidivism and for those individuals to lead a productive and successful life. Thus, it is necessary to remove unnecessary barriers to employment for Oklahomans with felony convictions. State employment hiring policies should allow full and fair consideration of those with a criminal history, where appropriate.
Therefore, I, Mary Fallin, Governor of the State of Oklahoma, by the authority vested in me pursuant to Sections 1 and 2 of Article VI of the Oklahoma Constitution, hereby direct and order all state agencies to remove from job applications, questions regarding convictions and criminal history, unless a felony conviction would automatically render an applicant not qualified. This Order does not prevent employers from inquiring of felony convictions during the interview process, does not prevent employers from conducting background checks into prospective employees, and does not prevent employers from excluding convicted felons when required by law. This order shall not affect applications for sensitive governmental positions in which a criminal history would be an immediate disqualification and initial disclosure on such applications shall still be required.
This Order is intended to provide state job applicants at least the initial opportunity for consideration for employment, an opportunity to discuss their conviction record and provide information that indicates rehabilitation, and allow applicants to be considered based upon their qualifications without the stigma of a conviction record.
Copies of this Executive Order shall be distributed to all Governor's Cabinet Secretaries who shall cause the provisions of this order to be implemented by all appropriate agencies of state government.
IN WITNESS WHEREOF, I have set my hand and caused the Great Seal of the State of Oklahoma to be affixed at Oklahoma City, this the 24th day of February, 2016.
BY THE GOVERNOR OF THE STATE OF OKLAHOMA
Mary Fallin
ATTEST:
Chris Benge
Secretary of State
[Source: Added at 33 Ok Reg 409, eff 2-24-16]