Arrest and Conviction Records

News & Analysis as of

Use Of Police Reports By School District In The Aftermath Of The Supreme Court’s Recent Ruling

Police reports are a practical tool for school districts in investigating (and countering) both student and employee misconduct. The Connecticut Supreme Court has resolved an intense debate about what law enforcement...more

Criminal Defense Update: New DOJ Policy Promotes Recording Arrestee Interviews

The Department of Justice has released a new policy that establishes a “presumption” in favor of recording post-arrest interviews of individuals in the custody of the FBI, DEA, ATF, or U.S. Marshals Service. The policy,...more

Employment Law Advisory for March 5, 2014: San Francisco Follows Emerging Trend, Restricts Use of Criminal Records by Employers

On February 17, 2014, San Francisco passed a new law, the Fair Chance Ordinance, that follows an emerging trend and restricts an employer’s ability to seek and utilize information regarding the criminal records of applicants...more

San Francisco Passes Fair Chance Ordinance Restricting Employers’ Ability to Use Criminal History Information

San Francisco has “banned-the-box” on employment applications and has added other restrictions on private employers’ ability to obtain and use criminal history information. The City and County of San Francisco Board of...more

San Francisco "Bans the Box" for Private Employers and City Contractors

The Mayor of San Francisco recently signed an ordinance that prohibits private employers and city contractors and subcontractors (collectively "contractors") from asking job applicants about their criminal histories until...more

San Francisco “Bans The Box” For Private Employers

As we first discussed here, “ban the box” state laws and local ordinances are picking up traction nationwide. Measures vary in scope and nature, but the typical policy bars employers from asking for criminal history...more

“Ban-the-Box” and Beyond: Employers That Do Business In or Contract with the City of San Francisco Should Review Sweeping...

On February 11, 2014, the San Francisco Board of Supervisors passed sweeping amendments to San Francisco Police Code, Article 49, and Administrative Code, Article 12 (“the amendments” or “the ordinances”) that significantly...more

California Further Restricts Employer Use of Prior Convictions in Hiring Decisions

On October 10, 2013, Governor Jerry Brown approved S.B. 530 to further limit public and private employers from inquiring into or otherwise considering certain types of criminal convictions. The new law takes effect January 1,...more

After Google Action, Those Who Dig for Dirt Must Dig a Little Harder

Google recently announced that it would be taking action to demote websites that profit from the use of mugshot photos. These mugshot sites compile booking photographs taken after people’s arrests and publish them along with...more

Strict UK Litigation Privilege Test for Joint Liquidator Reports

High Court holds that reports used by the Serious Fraud Office to obtain search and arrest warrants are not subject to litigation privilege in subsequent civil proceedings. ...more

Rhode Island Fourth State To “Ban the Box” for Private Employers

The Governor of Rhode Island recently signed a law to prohibit employers from asking job applicants about their criminal conviction history until the first interview....more

EEOC Begins Enforcing 2012 Criminal Background Check Guidance

EEOC Sues Two Employers for Race Discrimination for Using Criminal Background Checks to Exclude Applicants Without Also Making “Individualized Assessment” of Other Factors - In April 2012, the Equal Employment...more

The Flurry of New Employment Laws Regulating the Use of Criminal Records Continues with Expanded Restrictions in Indiana, North...

The public policy interests supporting employment-related protections for ex-offenders, including encouraging ex-offenders to reenter the workforce, are detailed in the updated EEOC Enforcement Guidance, titled “Consideration...more

EEOC’s Tough Enforcement Stance Against Criminal Background Checks

Earlier this year, the EEOC issued new Enforcement Guidance warning private sector employers that they could face litigation unless they significantly restrict the use of arrest and conviction records in hiring, promotion,...more

Individualized Assessments for Criminal Background Checks

What if the Equal Employment Opportunity Commission (EEOC) forced your company to defend a Title VII lawsuit based on a company-wide policy to not hire felons? Peoplemark, Inc. is dealing with this exact scenario in the Sixth...more

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