Except as provided in subsection (b) of this section, an institution of higher education may not use an admissions application that contains questions about the criminal history of the applicant. An institution of higher education may use a third–party admissions application that contains questions about the criminal history of the applicant if the institution: Does not use the third–party admissions application to disqualify an applicant based on the applicant’s criminal history; and Posts a notice on its website stating that a criminal history does not disqualify an applicant from admission.