; or (ii) the occupation for which an occupational license or certification is sought; (C) the term qualifying background check law means a law that imposes the requirements described in paragraph (3); and (D) the term record means a record or other information acquired, collected, classified, or preserved by the Attorney General under paragraph (1), (2), or (3) of subsection (a). (2) Conditions on access by State and local entities to FBI background check system (A) States An agency or official of a State may not request or access a record, including on behalf of a private entity, under any authority, unless the State has enacted a qualifying background check law or a law that is more favorable to an individual with a criminal history than a qualifying background check law. (B) Local governments An agency or official of a political subdivision of a State may not request or access a record, including on behalf of a private entity, under any authority unless the political subdivision or the State has enacted a qualifying background check law or a law that is more favorable to an individual with a criminal history than a qualifying background check law. (3) Qualifying background check law (A) Availability and use of criminal history information A qualifying background check law shall provide that a covered entity may not consider any of the following criminal history information in determining whether to disqualify an individual from employment, an occupational license, or an occupational certification: (i) A conviction that is not a directly related conviction. (ii) Non-conviction information, including information related to— (I) a deferred adjudication; (II) participation in a diversion program; (III) an arrest not followed by a valid conviction