It's a fully intentional loophole. You can still ban convicted criminals from employment. The law is trying to make sure that you do so after meeting the person

It's a fully intentional loophole. You can still ban convicted criminals from employment. The law is trying to make sure that you do so after meeting the person, interviewing them, and convincing yourself that you want to hire them. Then you're free to withdraw the offer if the criminal history changes your mind.