Criminal Records

News & Analysis as of

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

Juveniles Records Expunged

Juveniles are now able to get their records expunged because of the new “Clean Slate” law. The new law will now expunge the arrests records of many teens with minor offenses....more

Maryland Expedites Licensing For Certain Mortgage Loan Originators

On May 15, Maryland Governor Martin O’Malley signed SB 1091, which expedites mortgage loan originator licensing in that state by requiring the Commissioner of Financial Regulation to waive the state’s criminal history records...more

Rochester, NY Approves Ban-the-Box Legislation

Rochester, New York joins many other cities and states in “banning the box,” prohibiting most employers (with limited exceptions) from inquiring about an applicant’s criminal history, including on an application, before the...more

Baltimore Mayor Signs “Ban the Box” Law Restricting Employers from Inquiring into Criminal History of Job Applicants

On May 15, 2014, Baltimore City Mayor Stephanie Rawlings-Blake signed “An Ordinance Concerning ‘Ban the Box’— Fair Criminal Record-Screening Practices,” which prohibits any employer with 10 or more full-time equivalent...more

N.C. Public Records Case Opens up Access to Agency Database

The North Carolina Court of Appeals recently decided a landmark case for public records law in the state. In that case, the panel of three appellate judges determined that the Automated Criminal/Infraction System (“ACIS”)...more

South Carolina Legislative Update - April 2014 (#3)

South Carolina General Assembly - The House and Senate were on furlough last week. The only meeting scheduled was a special House panel weighing ethics reform changes wherein nothing advanced and no votes were taken. ...more

New Georgia Law Helps Protect Employers from Negligent Hiring and Retention Claims

On April 13, 2014, Georgia's governor signed SB 365 to, in part, protect employers that hire and retain employees with criminal convictions. Under the new law, if the Department of Corrections issues a "Program and Treatment...more

Act Now Advisory: San Francisco's Fair Chance Ordinance - New Workplace Law Regulates Criminal Background Inquiries

This last month, San Francisco joined several cities and states by adopting "ban the box" legislation called the Fair Chance Ordinance ("Ordinance"), which limits the timing and scope of inquiries into an applicant's or...more

Moss v Eagleston [2014] NSWSC 6

In Moss v Eagleston [2014] Mr Moss supplied information to Nationwide News Pty Ltd about his criminal background and association with Shapelle Corby. Mr Moss then sued Nationwide News, alleging they had breached a contractual...more

Fenwick Employment Brief - March 2014

In February, the San Francisco Board of Supervisors passed the Fair Chance Ordinance, which limits when and to what extent employers can inquire into the criminal history of applicants and employees. The ordinance also...more

San Francisco Enacts Ordinance Restricting Employers’ Ability to Ask About and Use Criminal History

Effective Aug. 13, 2014, a new San Francisco ordinance prohibits private employers and city contractors from asking job applicants about their criminal history until after the first interview. The Fair Chance ordinance also...more

Reminder: North Carolina Law Now Prohibits Employer Inquiries About Expunged Criminal Records

Under the recently enacted Senate Bill 91 (effective December 1, 2013), North Carolina employers now are prohibited from requiring job applicants to disclose information (in interviews, on applications or otherwise)...more

San Francisco Employers – Heads Up, New Rules Governing The Use of Criminal Records

It’s already hard enough for California employers to keep track of and comply with the myriad federal and state background check laws. There’s California’s Investigative Consumer Reporting Agencies Act (ICRAA), California...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

“Ban the Box” Ascendant: States Increasingly Restricting Applicant Criminal Record Inquiries

On January 1, 2014, it became illegal for Rhode Island employers to ask about criminal convictions on job applications. Employers in that state now face civil rights charges, monetary damages, and even liability for...more

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