Tag: Connecticut Clean Slate Law

Employer Responsibilities Under Connecticut’s New Clean Slate Law March 20, 2023 Connecticut's new Clean Slate law took effect on January 1, 2023. This law automatically erases low-level criminal records for people released from prison. However, it applies to the released individuals who did not commit further offenses if the state takes the necessary administrative action to do so. In most cases, this law allows some individuals to apply for jobs without disclosing their criminal history. It also bans employers from discriminating against employees or applicants due to their criminal record. Furthermore, individuals with misdemeanors or low-level felonies could become eligible to have these records erased. Eligibility rules are as follows: Individuals with a classified or unclassified misdemeanor offense on their record could have it erased seven years after the offense occurred if it happened on or after January 1, 2000. Individuals with a class D or E felony or an unclassified felony offense carrying a term of imprisonment of not more than five years on their record could have it erased after ten years if it occurred on or after January 1, 2000. Individuals with charges such as sexually violent offenses, family violence, and nonviolent sexual offenses are not eligible to have their crimes erased under this law. Before this Clean Slate law, Connecticut already had a similar law that protected individuals with criminal histories. It banned employers from inquiring about erased criminal records. However, this revised Clean Slate law will offer greater protections to people with a criminal record. For example, the revised Clean Slate law will prevent employers from requiring prospective or current employees to reveal any erased criminal history information. The law will also consider discrimination against an employee for their erased records a separate discriminatory practice. In addition, this law would allow individuals with all convictions erased to claim they do not have a criminal record. It would also let them deny ever facing arrests. In light of the new law, employers should review and revise their hiring practices as necessary. For some, employers may find it necessary to change their employment applications now that the law explicitly bans specific questions. The following explains what adjustments employers may need to make: An employment application form that contains any question concerning the criminal history of the applicant shall contain a notice in clear and conspicuous language: That the applicant is not required to disclose the existence of any erased criminal history record information, That erased criminal history record information are records involving a finding of delinquency or that a child was a member of a family with service needs, an adjudication as a youthful offender, a criminal charge that has been dismissed or nulled, a criminal charge for which the person has been found not guilty or a conviction for which the person received an absolute pardon or criminal records that are erased pursuant to statute or by other operation of law, and That any person with erased criminal history record information shall appear to have never faced arrest within the meaning of the general statutes concerning the proceedings so erased and may so swear under oath Employees or applicants who believe an employer or prospective employer has violated this law has three options to address their concerns. However, they must know which organization to file their claim with, as each organization addresses different concerns. With the exact details known, they may file a claim with one of the following organizations: Connecticut Commission on Human Rights and Opportunities, Connecticut Superior Court, and Connecticut Department of Labor With this new law in place and already active, employers should ensure they review and revise their hiring processes as needed. Ensuring compliance may involve reevaluating the application; it may also require modifying background checks. The best way to ensure your background check process is compliant is to partner with a company you can trust. Discover the benefits of Pre-employ’s seamless background checks for your business. Contact a Sales representative today. Source

Tag: Connecticut Clean Slate Law

Employer Responsibilities Under Connecticut’s New Clean Slate Law

Connecticut’s Clean Slate Act May Increase Labor Pool, But Employers Should Be Prepared

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