; (II) participation in a diversion program; (III) an arrest not followed by a valid conviction; or (IV) an infraction. (iii) A conviction that has been sealed, dismissed, expunged, or pardoned. (iv) A juvenile adjudication. (v) A misdemeanor conviction for which no sentence of imprisonment can be imposed. (vi) A misdemeanor conviction that is more than 1 year old, excluding any period of incarceration or custody. (vii) A felony conviction that is more than 5 years old, excluding any period of incarceration or custody. (B) Consideration of title VII Green factors A qualifying background check law shall provide that a covered entity, in determining whether to disqualify an individual from employment, an occupational license, or an occupational certification based on a directly related conviction, shall consider— (i) the nature and gravity of the conviction; (ii) the period of time that has elapsed since the conviction or, if applicable, completion of the sentence; and (iii) the nature of the employment, license, or certification held or sought. (C) Sufficient mitigation or rehabilitation and fitness for occupation A qualifying background check law shall provide that a covered entity may not disqualify an individual from employment, an occupational license, or an occupational certification solely or in part because of a directly related conviction if the individual can establish sufficient mitigation or rehabilitation and fitness to perform the duties of the position or occupation by providing— (i) evidence showing that— (I) not less than 1 year has elapsed since the individual was released from any correctional institution without subsequent conviction of a crime; and (II) the individual has complied with all terms and conditions of probation or parole; 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