What Are Employers Allowed to Ask Job Applicants Under the Clean Slate Law

 Posted on April 14, 2023 in Criminal Defense

In 2021, Connecticut lawmakers passed Public Act 21-32, also referred to as the Clean Slate Law. Under the law, anyone convicted of low-level felonies and misdemeanor offenses can have their conviction erased from their criminal records. Although the law was passed in 2021, it just took effect on January 1, 2023. The removal of convictions from a person’s criminal record can make a significant difference when applying for employment. The following is a brief overview of what companies are allowed to ask prospective employees and what people who have had their convictions erased are required and not required to disclose.

Who Does the Law Affect?

The purpose of the law was to give a fresh start for people who had certain criminal convictions, providing them with a “clean slate” and the ability to obtain steady employment without being required to reveal they have a criminal record. The law makes it illegal for companies to discriminate against someone because of a conviction.

Under the law, anyone convicted of a misdemeanor can have the conviction removed after seven years if the offense occurred on or after January 1, 2000.

There are also certain felonies convictions that can be erased from a person’s criminal record. If the conviction was for a Class D or E felony with a prison term of not more than five years, it can be removed after 10 years if the offense occurred on or after January 1, 2000. Convictions for family violence or nonviolent and violent sexual offenses are not eligible.

What Are Employers Not Allowed to Ask?

Under the law, employers are not allowed to ask a prospective employee or current employee if they have a criminal record. Employers are also required to remove this question from all employment applications if necessary. If the application does contain these questions, they are required to include a disclaimer – wording included in the statute – to let the applicant know their rights.  

Employees and prospective employees are not required to disclose any convictions that have been erased. They are also not required to tell the employer that they have been arrested.

If an employer violates the Clean Slate Law, they may file a complaint with the state’s Department of Labor, Commission on Human Rights and Opportunities, or the Connecticut Superior Court.

Contact a Stamford, CT Defense Lawyer

The best way to avoid to needing your criminal record erased is by having an aggressive Fairfield County criminal attorney defending you. Call Law Offices of Daniel P. Weiner at 203-348-5846 to schedule a free and confidential consultation and find what legal options you may have in fighting these charges.

Sources:

https://www.cga.ct.gov/asp/cgabillstatus/cgabillstatus.asp?selBillType=Bill&which_year=2021&bill_num=1019

https://www.cbia.com/news/hr-safety/clean-slate-law-erases-some-criminal-convictions