Also as of July 1, new state regulations took effect that further limit how employers can consider criminal history when making employment decisions and imposing certain notice requirements related to such decisions. Notably, employers may no longer ask about any non-felony convictions for possession of marijuana that are more than two years old, representing an expansion upon prior limitations. The regulations also prohibit considering criminal history if it will result in an adverse impact on protected individuals; the individual will bear the burden of proving that the employer’s policy had an adverse impact, and an employer, as a defense, may show the practice is job-related and consistent with business necessity. When relying on criminal history information obtained by anyone other than the candidate or employee, employers taking adverse action must provide pre-action notice to the individual to allow the individual to show the information is inaccurate. As state and federal limitations on the use of criminal background information tighten, employers should re-visit their candidate vetting processes and determine how much criminal information they really need.