Tag: ban-the-box California

California's Newly Effective Record Sealing Law Gives Some Residents a First Chance at Clearing Their Records January 31, 2023 Since the start of the year, a new law has taken effect in California that allows eligible residents to seal their criminal records. As such, many residents have begun filing petitions to have their criminal records permanently sealed. Sealing these records will make it easier for these people to obtain employment and housing. This sweeping law, SB 731, seals the convictions of most offenders. The seal will activate once an individual has completed their sentence and has not had contact with the justice system for four years. Other states, such as Colorado, Delaware, Pennsylvania, Utah, Michigan, and Virginia, have passed similar laws to SB 731. In this case, the law would expand access to this relief in California. Though felonies involving arrests but no convictions qualify for SB 731's automatic sealing, anyone with serious or violent felonies will not. Instead, the law will allow these individuals to petition for sealed records. However, individuals who must register as sex offenders cannot have their records sealed. Most employers and landlords cannot view an ex-offender's sealed records. However, some institutions may retain access to this information. For example, educational institutions, law enforcement, and the Commission on Teachers Credentialing can still access these sealed records. Furthermore, an ex-offender who applies for public office must disclose their criminal history. Many states have laws that prohibit employers from asking about an applicant's criminal record before giving an applicant a conditional offer of employment or an interview. However, research has indicated that this can and has increased racial discrimination. Additionally, a review of this research revealed more details on the effects of ban-the-box laws. According to the study, people with criminal records did not see improved opportunities to obtain jobs with private employers. Ban-the-box laws and SB 731 came about in hopes of helping individuals and improving their chances when reentering society. In addition, these laws meant to better their ability to support their families by preventing landlords and employers from seeing certain convictions. Unfortunately, some have expressed concerns regarding the bill, such as the potential impact on public safety. For example, they cited worries about eliminating access to the criminal records of some offenders. Anyone running background checks, such as employers, should look into these changes and ensure they comply with the new regulations. Their reports must not include sealed records if they should not have access to them. The best way to provide fair and accurate reports is to partner with a trusted and high-quality provider of background checks. Pre-employ makes background checks easy and reliable. Speak with a compliance expert today. Source

Tag: ban-the-box California

California’s Newly Effective Record Sealing Law Gives Some Residents a First Chance at Clearing Their Records

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