News & Analysis as of

Expungement Criminal Background Checks

Rodemer Kane Attorneys at Law

Misdemeanors That Prevent Employment – Surprising Offenses That Employers Won't Overlook

Will a misdemeanor affect employment? Getting a job with a misdemeanor on your record is usually not an issue, but certain offenses might make it challenging to land specific types of employment. For example: ●...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Changes Background Check Procedures

The California Civil Rights Council recently amended the regulations interpreting California’s 2018 Fair Chance Act, which go into effect October 1, 2023. The new regulations add restrictions, make clarifications, and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Congress Eases Criminal Offense Restrictions for Employment With Financial Institutions

Included in the defense spending bill signed by President Biden in December 2022 is a section with key provisions for financial institutions that will ease restrictions on hiring candidates with criminal records....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Connecticut Clean Slate Law Brings New Requirements for Employers in 2023 and Beyond

On June 10, 2021, Governor Ned Lamont signed into law Connecticut’s “Clean Slate” law, Public Act No. 21-32. The Clean Slate law became effective January 1, 2023, and it provides for the automatic erasure of certain criminal...more

Warner Norcross + Judd

The Clean Slate Act’s Impact on Employers

Warner Norcross + Judd on

In today’s Warner Employment News From the Law Shanty, Steve Palazzolo talks with Warner attorney Janelle Shankin. They discuss Michigan’s Clean Slate Act and how it expanded the list of misdemeanors and felonies that are now...more

Amundsen Davis LLC

State Survey – Considering Criminal Convictions In Private Employment Decisions

Amundsen Davis LLC on

As we previously discussed, Illinois has moved beyond “ban-the-box” and now significantly restricts employers’ ability to consider criminal convictions when making employment decisions. (For more details see our employer’s...more

Proskauer - Proskauer For Good

Ten Years for a Second Chance? New York’s Sealing Statute Lags Behind Other States

In 2018, Proskauer highlighted the importance of a New York law that gives those with criminal convictions an opportunity to build a better life. New York Crim. Proc. Law § 160.59 (“CPL 160.59”) allows persons convicted of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Mexico Passes Ban-the-Box and Expungement Laws

On April 3, 2019, New Mexico governor Michelle Lujan Grisham signed into law two bills related to criminal background checks that may affect employers operating in the state. The first is a ban-the-box law that prohibits...more

Jackson Lewis P.C.

New Mexico Adopts Ban-The-Box, Expungement Laws

Jackson Lewis P.C. on

New Mexico is the latest state to adopt statewide legislation prohibiting private employers from making inquiries into an applicant’s criminal history on the initial employment application. The state also enacted legislation...more

Foley & Lardner LLP

Strict Updates to Massachusetts’ `Ban the Box’ Law

Foley & Lardner LLP on

In 2010, Massachusetts was one of the first jurisdictions to adopt a “Ban the Box” law, which prohibits employers from asking about an applicant’s criminal record on an employment application. The purpose of these laws is to...more

Bowditch & Dewey

New Employer Restrictions on Criminal History Requests

Bowditch & Dewey on

New restrictions on employer requests for applicant criminal record information during the hiring process take effect in Massachusetts on October 13, 2018, and all employers are encouraged to review their employment...more

Parker Poe Adams & Bernstein LLP

New S.C. Law Tells Employers Not to Consider Expunged Criminal Records in Hiring Decisions

Late last month, the South Carolina General Assembly overrode Governor Henry McMasters’ veto of legislation intended to make it easier for residents to remove minor criminal convictions from their records. The new law was...more

Fisher Phillips

South Carolina’s New Expungement Law Could Increase Applicant Pool

Fisher Phillips on

In an effort to increase the state’s potential workforce, the South Carolina General Assembly passed legislation last week that will expand the state’s current expungement law and allow individuals to more easily remove...more

Proskauer - Law and the Workplace

New Minnesota Expungement Law Helps Protect Employers from Liability

A new Minnesota law that took effect on January 1 expands the opportunities for ex-offenders to expunge their criminal records. In an effort to protect employers who hire employees with expunged records, the new law provides...more

Smith Anderson

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

Smith Anderson on

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

Baker Donelson

New North Carolina Law Prohibits Employers from Asking Applicants for Information About Expunged Criminal Arrests, Charges, and...

Baker Donelson on

Imagine a scenario where the applicant you are about to hire as Chief Financial Officer was convicted of a crime, perhaps embezzlement, that he managed to get expunged, but you’ll never know because you can’t ask him about...more

Littler

New California Laws Restrict the Discretion Employers Have to Inquire Into and Use Criminal Record Information

Littler on

On October 10, 2013, California joined the growing list of states with expanded protections for individuals with prior criminal records when Governor Jerry Brown approved a bill (SB 530) amending the California Labor Code.1 ...more

Cranfill Sumner LLP

N. C. Employers Barred From Asking About Expunged Criminal Records

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Soon, employers in North Carolina no longer will be allowed to ask potential employees about arrests, criminal charges, or convictions that have been expunged. A new law takes effect on December 1, 2013, and prohibits...more

Littler

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

Littler on

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

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