; or (ii) any other evidence of mitigation and present fitness, including— (I) the circumstances relating to the offense, including mitigating circumstances or social conditions surrounding the commission of the offense; (II) the age of the individual when the individual committed the offense; (III) the period of time that has elapsed since the individual committed the offense; (IV) evidence of work history, particularly any training or work experience related to the position or occupation; (V) additional evidence of educational, training, or work activities that the individual has participated in, including during any period of incarceration; (VI) letters of reference by persons who have been in contact with the individual since the individual was released from any correctional institution; and (VII) completion of, or active participation in, rehabilitative drug or alcohol treatment. (D) Notice of potential denial and opportunity to appeal (i) Notice of potential denial A qualifying background check law shall provide that if a covered entity intends to disqualify an individual from employment, an occupational license, or an occupational certification solely or in part because of a directly related conviction, the covered entity shall, prior to making a final decision— (I) notify the individual in writing of— (aa) the directly related conviction that forms the basis for the potential disqualification; and (bb) the rationale for how the conviction is directly related to the position or occupation; (II) provide the individual a copy of the conviction history report, if any, on which the covered entity relies