December 7, 2022

On January 1st, 2023, Connecticut’s clean slate legislation, Public Act 21-32, will go into effect. This law will bring significant law changes for users of background checks. Initially passed during the 2021 legislative session, these laws will set the country’s most far-reaching erasure of criminal records.

This new law will expand the definition of “erased criminal history” information, which employers cannot seek in background checks. In addition, employers cannot use this information when making employment decisions regarding prospective employees.

Employers cannot discriminate against current employees based on erased criminal record information. Furthermore, they cannot discriminate against convictions that have received a certificate of rehabilitation or a provisional pardon.

The expanded definition will include records such as information relating to youth offenses and continuance of criminal cases greater than 13 months old. Even before this, employers could not have questions regarding criminal history in employment applications. However, an exception includes whether the state provides a specific notice. Starting January 1st, 2023, employers must update their forms with the new language. This new language is:

1. “That the applicant is not required to disclose the existence of any [arrest, criminal charge, or conviction, the records of which have been erased pursuant to section 46b-146, 54-76o, or 54-142a].”
2. “That [criminal records subject to erasure pursuant to section 46b-146, 54-76o or 54-142a] erased criminal history record information are records pertaining to 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”
3. “That any person [whose criminal records have been erased pursuant to section 46b-146, 54-76o or 54-142a] with erased criminal history record information shall be deemed to have never been arrested within the meaning of the general statutes with respect to the proceedings so erased and may so swear under oath.”

In addition, background check providers that purchase records of criminal data must, before disclosing such records to both, “purchase from the Judicial Department or such criminal justice agency, on a monthly basis or such other schedule as the Judicial Department or such criminal justice agency may establish, any updated criminal matters of public record or information available for the purpose of complying with this section, and update its records of criminal matters of public record to permanently delete such erased records not later than thirty calendar days after receipt of the information on the erasure of criminal records pursuant to section 54-142a,” as amended by this act. Such person shall not further disclose such erased records.

The law permits employees and prospective employees to file complaints with the state’s Labor Commissioner or the Department of Human Rights and Responsibilities for violations of these new requirements. Employees may also file complaints with the Superior Court seeking relief, including injunctive relief.

With these new rules and the increased liability, employers need to work with a quality background check provider. The right provider will ensure the company complies with these new regulations, the FCRA, and other state and federal requirements.

Pre-employ makes background checks easy and reliable. Speak with a compliance expert today.

Source