*Note* All laws listed are taking effect January 1, 2023, except for District of Columbia B 109, California SB-731, Michigan H.B. 4890, and NYC Int. No. 1894-2020.
Fair Chance Hiring/Clean Slate Laws
Per Bloomberg Law, California, Colorado, and Oklahoma passed “Clean Slate” laws in 2022. There are currently eight states with these laws. That number can increase as more states consider passing similar legislation in 2023. Below is a list of states with “Clean Slate” laws that are taking effect on the first of the year.
SB-1294 will protect those with criminal records. Under this bill, individuals can have their record expunged if they meet the following criteria:
- Have completed all conditions and terms of their sentence.
- Charged with an offense that was either later found to be dismissed or Not Guilty.
- If their offense was only an arrest and not a conviction; no charges were filed.
Assembly Bill 1720 – California
Under AB-1720, specified individuals connected with home healthcare facilities will no longer be required to sign a declaration regarding prior criminal convictions.
Starting July 1, 2023, SB-731 will provide criminal record relief by sealing records of mostly felony convictions that occurred on or after January 1, 2005. The defendant must meet the following criteria for eligibility:
- Completed full terms and conditions of their sentencing.
- Have not been convicted of a new Felony in the past four years.
Individuals with serious, violent felonies are not eligible for expungement. However, they may be eligible to have their records sealed from public view. Registered sex offenders would not be eligible for having their records sealed.
Under current state law, Connecticut employers cannot acquire information regarding criminal history that has been erased. This new law expands on erased criminal history information by prohibiting public and private employers from seeking information on any erased records, criminal case continuances over 13 months old, and details regarding individuals granted youthful offender status. A prospective employee cannot be denied employment, and a current employee cannot be discriminated against based solely on “erased criminal history record information” or prior convictions where a provisional pardon or certificate of rehabilitation was awarded to the individual.
Connecticut Raised Bill No. 1019
This is Connecticut’s Clean Slate law. Individuals who are released from incarceration and have remained crime-free for a certain period may be eligible for automatic expungement. The eligibility criteria include:
- Misdemeanor records over seven years old.
- Low-level felony records over 10 years old.
Charges that are related to sex, family violence, or firearm crimes are not eligible for automatic expungement.
Beginning April 2023, Michigan will begin the automatic expungement of convictions. The following convictions will be eligible:
- Up to two felony convictions per person if they are over 10 years old after sentencing or release from custody.
- Up to four misdemeanor convictions per person if they are over seven years old after sentencing.
The following convictions are not eligible for automatic expungement:
- Any conviction involving human trafficking, “assaultive offenses,” or “serious misdemeanors.”
- Convictions that were punishable by more than 10 years of confinement.
- Convictions that cannot be expunged under MCL 780.621c.
- Convictions involving minors or vulnerable adults.
- Convictions involving the death or serious injury/impairment of a person.
Drug Testing
Maryland, Missouri, and Rhode Island were the three states to legalize recreational marijuana use this year. Mississippi legalized medicinal marijuana use in 2022. As more states legalize medicinal and recreational marijuana use, we may see additional state legislation develop in 2023 regarding legalization and its effects on the drug screening process.
Unless under certain circumstances, this measure would prohibit marijuana testing as a condition of employment. The following must happen before this statute is considered effective:
- Approved by the mayor.
- Submitted for a 30-day period of congressional review.
- Published in the DC Register.
Data Privacy and Background Screening
California Consumer Privacy Rights and Enforcement Act (CPRA)
Amends the California Consumer Privacy Act (CCPA). Extends the information security and privacy responsibilities of California employers by requiring changes to policies, procedures, and practices. In preparation for compliance, employers should update employee and applicant privacy notices, evaluate any database/system where employee and applicant data is stored, and establish a plan for addressing employee and applicant requests to access/correct/delete data.
New York: NYC Int. No. 1894-2020
Effective April 15, 2023. If an employer is using artificial intelligence (AI) or algorithm-based technology to screen a candidate, then they must notify the applicant of the use of an AI or algorithm-based tool.
