Criminal Records

News & Analysis as of

Alert: Marijuana Convictions Could Be Erased Under New Ruling

The Connecticut Supreme Court has just unanimously ruled that individuals convicted of possessing less than one-half an ounce of marijuana are now entitled to petition the Superior Court to have that record of conviction...more

Applicant Could Proceed With Race Discrimination Claim Despite Undisclosed Criminal Conviction

Raymond E. Horne was a glazier and a member of the glazier’s union. He also served as an officer and a member of the council and of the executive board of the union. Horne, who is African American, twice applied for an...more

FRANCE: CNIL Adopts New “Compliance Pack” for the Insurance Sector

In November 2014, the French Data Protection Authority (“CNIL”) issued a new “compliance pack” for the insurance sector, following consultations with trade associations. Written by Carol Umhoefer and Mathilde Hallé...more

Michigan Protects Employers from Negligent Hiring and Retention Claims

On January 1, a new Michigan law took effect to protect companies that hire ex-offenders who go on to cause damage or injury during the course of their employment. Louisiana, Georgia, Tennessee, and Texas recently passed...more

Staffing Companies Hit with Class Action Alleging Violation of Fair Credit Reporting Act

Fair Credit Reporting Act class actions remain on the rise. The latest one of note was recently filed in Maryland federal court against staffing agencies Aerotek, Inc. and Allegis Group, Inc., alleging that they violated the...more

Illinois Supreme Court Rejects Constitutional Challenge to Medical Licensing Amendments

Last month, a unanimous Illinois Supreme Court rejected assorted constitutional challenges to 2011 amendments to the Department of Professional Regulation Law governing medical licensing. In an opinion by Justice Burke, the...more

Terminating an Employee for Not Fully Disclosing His Criminal History in an Application for Employment Did Not Violate the...

In McCorkle v. Schenker Logistics, Inc., 2014 WL 5020598 (M.D. Pa. October 8, 2014), the court held that terminating an employee for not fully disclosing his criminal history, as requested in an employment application, did...more

Court OKs Revocation of Job Offer Based on Applicant’s Failure to Disclose Criminal History

Earlier this month?, the Middle District of Pennsylvania ruled that the Pennsylvania Criminal History Record Information Act (“CHRIA”) does not prohibit an employer from refusing to hire an applicant based upon the...more

Supreme Court Will Hear Two Immigration Cases in 2015

The U.S. Supreme Court announced this month which cases it will hear in the coming year. Two of such cases are immigration cases that could have significant implications on immigration law depending on how they are ultimately...more

Revocation of Ex-Convict’s Job Offer Did Not Violate State Law, Says PA Court

Pennsylvania, like many states, has restricted employer use of criminal history in hiring and other employment decisions. Under the Criminal History Record Information Act (CHRIA), Pennsylvania employers may “consider”...more

Applicants & Employees Can Refuse to Disclose Expunged Criminal Records Under New Louisiana Law

A new Louisiana law that took effect on August 1 serves to prevent employers from inquiring into an applicant’s or employee’s expunged criminal records. The law does provide for certain exceptions such as where the position...more

Appeals Court Rules Fingerprint Impressions Are Records Of Arrest That Can Be Sealed and Destroyed

Arrestees Factually Innocent Under Penal Code Section 851.8 Can Have Fingerprints Sealed and Destroyed - Overview: The California Court of Appeal held that fingerprint impressions taken of suspects at the time of their...more

Eleventh Circuit Says No to Nunc Pro Tunc Stand-Alone 212(h) Waiver

A waiver of certain criminal grounds of inadmissibility under section 212(h) of the Immigration and Nationality Act (INA) is available to individuals applying for a visa, admission or adjustment of status. A lawful permanent...more

Ban-the-Box Bandwagon Requires Application Review

On August 11, 2014, New Jersey joined Illinois and at least 11 other states, as well as dozens of cities and local governments, in prohibiting most employers from initially asking about criminal history on job applications....more

The Hidden Regulatory and Licensing Consequences to a Conviction or Arrest

One such set of consequences is unique to contractors who do business with federal or state governments. Because even a plea to a criminal conviction represents a person’s affirmative statement of the underlying facts, that...more

Court Denies Certification Citing Putative Class Representative’s Criminal History

In Dunford v. American Databank, LLC, the plaintiff alleged that the defendant violated the Fair Credit Reporting Act by including within her criminal background report charges that were more than seven years old. The...more

BIA Holds Guilty Plea Without Conviction Is Not An Admission

The Immigration and Nationality Act (INA) contains a provision making an individual inadmissible to the United States if he or she has admitted to the commission of certain crimes, including controlled substance offenses....more

Illinois Employers Take Note: New Law to Limit When Job Applicant's Criminal Record May Be Considered

On July 19, 2014, Illinois Governor Pat Quinn signed into law a statute that limits when an employer may inquire about and consider a job applicant's criminal record. The law, known as the Job Opportunities for Qualified...more

New Jersey Ban the Box Bill Revised Again, Advances to Governor Christie

On June 26, 2014, the New Jersey legislature approved the most recent iteration (A1999) of the “Opportunity to Compete Act” (also referred to as the “Ban the Box” bill), which will now be sent to Governor Chris Christie for...more

New Jersey Senate Bill Would Prohibit Automatic Disqualification of Applicants Based on Criminal Record

On May 19, 2014, the Senate introduced two (essentially identical) bills (S2101 and S2102) that would prohibit public and private employers from automatically rejecting current or prospective employees based on their criminal...more

Alabama’s New Law Permits the Expungement of Criminal Records

In April of 2014, the Alabama legislature approved a measure that permits the expungement of the criminal records of persons charged—but not convicted—of misdemeanors or nonviolent felonies. Governor Robert Bentley signed the...more

U.S. Census Bureau Down for the Count after Certification Ruling in Criminal Background Check Case

Last Tuesday, a Magistrate Judge in the United States District Court for the Southern District of New York granted partial class certification in a case where plaintiffs allege that the United States Census Bureau used arrest...more

Federal Court Grants Class Certification in Title VII Disparate Impact Suit Over Alleged Discriminatory Criminal Records Screening...

On July 1, 2014, the court granted class certification in a high-profile disparate impact discrimination case against the Census Bureau in federal court in New York based on its criminal record screening practices, Houser et...more

Illinois Supreme Court Debates Automatic Revocation of Certain Health Professionals' Licenses

Our reports on the oral arguments of the May term of the Illinois Supreme Court conclude this morning with Consiglio v. Department of Financial and Professional Regulation. Consiglio involves a constitutional challenge to...more

E.D.N.Y. Finds No Per Se Violation of New York Correction Law Where Employer Failed to Conduct Required Analysis

Griffin v. Sirva, Inc., et al., No. 11-CV-1844 (MKB) (E.D.N.Y. May 29, 2014): Plaintiffs, who were residential movers, alleged that their employer unlawfully terminated their employment due to criminal convictions for sex...more

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