This year is poised to see criminal justice reforms happen all over the country in regards to criminal conviction records and how they are viewed by society and as part of the employment screening process.
Across the USA over the last several years has seen the emergence of ban-the-box laws in an attempt to help the large portion of American’s with a criminal background record get a job. Literally these laws ban an employment application from asking the question, “Do you have a criminal record”. However, States and Jurisdictions are going beyond ban-the-box and have started initiatives to help those with a criminal past clean the slate and even get their older criminal conviction records expunged and behind them forever.
With the rapid expansion of Ban-the-Box legislation and the subtle transition from banning the box about criminal background to greater Clean Slate and expungement policies, background screening may be poised for significant change in 2019.
Across the country laws and attitudes governing criminal background records, as used in pre-employment background screening and expungement, overall have changed. Momentum has increased with further updates to the criminal justice system and, subsequently, reform continues.
Pennsylvania recently enacted “Clean Slate” legislation.
From ElwoodCityLedger.com (Jan 06, 19):
People with old criminal records may have a chance at a fresh start through new state legislation that recently went into effect.
The Clean Slate program, which expands criminal record sealing, took effect Dec. 26. The legislation allows more people with minor convictions or arrests, including some first-degree misdemeanors, to petition the courts to have their records sealed after 10 years with no subsequent convictions. ellwoodcityledger.com/news/20190106/clean-slate-program-gives-people-with-old-criminal-records-chance-to-seal-records
From MiamiHerald.com (Jan 06, 19):
Prison reform advocates are asking lawmakers to pass legislation that would expunge the records of many convicts.
The “Clean Slate” legislation would eliminate the criminal records of people once they are released from prison and have stayed crime-free for a significant period of time.
Advocates suggest three years for misdemeanors and five years for non-violent felonies. miamiherald.com/news/politics-government/national-politics/article223995375.html
In Las Vegas a former State Senator is seeking to eliminate minor marijuana convictions but there are challenges.
From ReviewJournal.com (Jan 04, 19):
Nevada laws do not enable prosecutors to expunge the criminal records of individuals convicted on misdemeanor marijuana charges. Individuals must petition courts on their own, which opponents … view as an “expensive, cumbersome” process. reviewjournal.com/news/politics-and-government/clark-county/segerblom-wants-law-to-expunge-nevada-marijuana-convictions-1566059
In Massachusetts a local District Attorney is looking to control the expungement of criminal records.
From PatriotLedger.com (Dec 13, 18):
Marijuana is now legal in Massachusetts, but a past conviction for possession is still part of a person’s criminal record.
Now it’s one of the crimes the state will allow people to put behind them forever and Norfolk County District Attorney Michael Morrissey is working with court and probation workers to help people clear their record. patriotledger.com/news/20181213/norfolk-da-looks-to-get-handle-on-expunging-criminal-records
Enlightening attitudes in Massachusetts regarding ex-offenders combined with the legalization of marijuana has pushed lawmakers to review criminal related policies. The most powerful tool to assist ex-offenders achieve gainful employment is the act of expungement. Once a criminal record is expunged it is no longer available to the general public and employers. In Massachusetts it is seen as a means to clean up records with some misdemeanors and minor felonies. It is a tool designed to assist formerly convicted individuals reintegrate into society, and it is seen as a key tool to belay potential recidivism.
To help employers stay up-to-date and current with new and potential laws that effect employment screening it is wise to partner with a third-party background screening agency. This strategy is key for employers to stay ahead of laws governing hiring practices and helps reduce the possibility of discrimination and ensures compliant policies.
One thing is certain the year 2019 will see a lot of significant changes in attitudes and policies in regards to the large portion of people in this country that have criminal records and hiring policies must keep up.
To read more about clean slate policies and the use of expungements to help ex-offenders get good jobs and put their pasts behind them forever read recent CriminalBackgroundRecords.com press release: ‘Clean Slate’ and ‘Expungement’ Legislation May Bring Change to Background Screening, Opines CriminalBackgroundRecords.com