California legislators are looking to introduce AB1076, a new law that would automatically expunge or clear past criminal background records that were misdemeanors or certain non-violent felonies. The purpose behind this new law is to help ex-offenders have an easier time finding employment, getting higher education and finding a decent place to live. Under such law it should make it easier for these types of individuals to be reintroduced to society and minimize the possibility of recidivism.
This new potential law will automatically expunge or clear a variety of conviction records thereby allowing hundreds of thousands of individuals to be cleared of a criminal history and, subsequently, open the doors wider to renting, education, and employment.
A significant action, such as the one in California, should immediately alert all hiring managers and Human Resource Departments to insure pre-employment background screening policies remain fully compliant with law by working with a well-qualified third-party background screening agency.
Politicians in California look to introduce legislation that would automatically expunge or clear past criminal misdemeanor or low level felony convictions as a means of easing entrance back into society. Eliminating certain non-violent convictions will remove a criminal history and could allow for easier access to employment, education, and renting for formerly incarcerated individuals.
From the San Francisco Chronicle website (Mar 07, 19):
People arrested or convicted of crimes in California could have their criminal records automatically cleared under a proposed law announced Thursday by San Francisco District Attorney George Gascón and Assemblyman Phil Ting.
AB1076 would wipe out eligible convictions for people who have completed local sentences and eliminate many arrest records that have not resulted in convictions. Offenders already are eligible to petition the courts for the relief, but less then {sic} 20 percent take advantage of the program. sfchronicle.com/crime/article/San-Francisco-s-Gasc-n-Ting-propose-13671420.php
A criminal history remains a significant challenge that prohibits or greatly impedes reintegration into society. Across the country a movement called “Ban-the-Box” has been pushing to legislate the question of criminal history off employment applications. The action in California may be the next evolution in criminal justice reform within the USA.
From KRON.com (Mar 07, 19):
According to the district attorney’s office, there are 8 million residents in California with criminal conviction records that in turn come with 40,000 legal restrictions— collateral consequences, that hinder them from starting over. kron4.com/news/bay-area/new-california-bill-would-automatically-clear-criminal-records/1833873301
The key to starting over is access to housing, employment, and education. However, AB1076 will not allow expungement of violent or sex related convictions.
From the San Francisco Chronicle website (Mar 07, 19):
Under AB1076, arrests and convictions will continue to appear on criminal rap sheets, and felons would still be prohibited from possessing firearms. Registered sex offenders and sentences served in state prison would not be eligible for automatic clearance. sfchronicle.com/crime/article/San-Francisco-s-Gasc-n-Ting-propose-13671420.php
With such a law as AB1076 looming about hiring managers and HR departments should be alerted by the significance of what this means for employment screening policies and hiring practices. At this point a best course of action remains to work with a well-qualified third-party employment screening agency in order to remain fully compliant with existing and emerging laws governing background screening and the use of criminal background records.
Criminal history records remain a significant obstacle to ex-offenders as they continue to prohibit or greatly impede reintegration into society. As more and more “Ban-the-Box” laws get implemented across the country the chances of ex-cons getting employed should rise, however the next big step is what California legislators are trying to do; which would be deemed the next evolution in criminal justice reform within the USA. If the law passes it will allow individuals with certain kinds of criminal background records to clear their history which according to this new bill will make it so the individual’s criminal past never occurred at all.
With the possibility of removal of certain criminal records the obstacle of finding gainful employment for ex-offenders should be abridged and the ease of admittance into higher education and finding a place to live should also be easier to attain.
To read more about AB1076 California’s new potential law that would automatically expunge or clear certain kind of criminal records and how this can help ex-offenders attain gainful employment, higher education and a decent living situation read recent CriminalBackgroundRecords.com press release: Potential California Law May Affect Use of Criminal History Information