N.J.S.A 2C: 52-2(a) permits the Superior Court to expunge convictions of certain classes of offenses under certain enumerated circumstances. As one example, the applicant seeking the remedy must have been “convicted of a crime,” but “…not convicted of any prior…
Posts by Category: Criminal History Check
Using Criminal Convictions in the Hire Process: A Hobson’s Choice for Employers?
Is the government really telling employers that they are not allowed to disqualify an applicant because of past criminal activity? In a word, yes. That is increasingly becoming the case on the state level and has been the focus of federal enforcement efforts over the…
EEOC Uses its Record Keeping Requirements to Police Use of Criminal Background Checks
Did you know that the EEOC requires employers to keep all personnel and employment records for at least one year? Just as importantly, to the extent the employer uses a screening technique, like a pre-employment test, information on its impact on candidates by sex,…
Gold Standard?
Many businesses mistakenly believe that the FBI database is the “gold standard” for identifying those with criminal records. But, the FBI database only includes criminal records that have a fingerprint associated with them, and many from the state or county level do…
Background Screening Companies May Now Report Convictions Older Than Seven Years In Nevada
Under the federal Fair Credit Reporting Act (FCRA), background screening companies (or consumer reporting agencies) are generally prohibited from reporting certain types of derogatory information that the FCRA considers to be too old to be useful, i.e., obsolete. The…
U.S. Lawsuit Claims Companies Illegally Refused to Hire Ex-Cons
In a state court in Manhattan, the National Association for the Advancement of Colored People (NAACP) sued a class of companies it said were breaking city and state laws that bar businesses from refusing to consider former convicts for jobs. Since New York’s…
Oregon Governor Signs “Ban the Box” Legislation
Legislation restricting employers from inquiring about an applicant’s criminal background during the initial stages of the application process has been signed into law by Governor Kate Brown on June 26, 2015. The “Ban the Box†law, H.B. 3025, will take effect on…
Update on Certainty in Enforcement Act of 2015; H.R.548 — 114th Congress (2015-2016)
All Bill Information (Except Text) Amends equal employment opportunity requirements under the Civil Rights Act of 1964 to deem an employer’s, labor organization’s, employment agency’s, or joint labor management committee’s consideration or use…
Ohio ‘Bans the Box’ on State Applications
Starting June 1, criminal offenders in Ohio will no longer have to check a box requiring them to reveal past convictions on state civil service job applications. Questions regarding prior convictions will be removed from thousands of applications for state government…
New York City Passes Ban-the-Box Legislation Affecting Private Employers
On June 10, 2015, the New York City Council passed the NYC Fair Chance Act (the Act) in a landslide vote. The Act amends the New York City Human Rights Law (NYCHRL) to prohibit private employers in New York City with four or more employees from inquiring into or…