Connecticut: Eraser of Criminal Records
August 13th, 2021 | Tammy Glover Fowler, Compliance Associate
On June 10, 2021, the Governor of Connecticut, Ned Lamont, signed Senate Bill No. 1019 into law, amending Title 54 Criminal Procedure, entitled “An Act Concerning The Board of Pardons and Paroles, Eraser of Criminal Records for Certain Misdemeanor and Felony Offenses, Prohibiting Discrimination Based on Erased Criminal History Record Information and Concerning the Recommendations of the Connecticut Sentencing Commission with Respect to Misdemeanor Sentences.” This act is part of a larger trend of “clean-slate” laws at the state and local level intended to provide a fair chance for people convicted of certain crimes.
The amended rules establish the following:
- A formal annual training program for members of the board on the pardon process and parole officers.
- Fees may be waived on applications requesting criminal history record information for the purpose of applying for a pardon.
- On and after January 1, 2023, it shall be a discriminatory practice to subject any person to the deprivation of any rights, privileges, or immunities on account of an erased criminal history record.
- Any association, board, or other organization that violates the provisions of this law shall be fined not less than $110K or no more than $500K.
- The board shall not deny any application for a pardon, unless the board provides a statement in writing to the applicant of the factors considered when determining whether the applicant qualified for the pardon.
- A misdemeanor offense (offenses that occurred on or after 01/01/00 or upon filing a petition, offenses that occurred prior to 01/01/00) with not more than a 5 year prison term, shall be erased 7 years from the date of the judgement.
- A Class D or E felony (offenses that occurred on or after 01/01/00 or upon filing a petition, offenses that occurred prior to 01/01/00) with not more than a 5 year prison term, shall be erased 10 years from the date of the judgement.
- Misdemeanors (offenses that occurred on or after 01/01/00, and before 07/01/12) committed while under the age of 18 shall be erased.
- Certain fees will be waived for a petition filed for an order of erasure, or to make available criminal history record information that has been erased.
- Automated procedures for erasure shall be developed by the Criminal Justice Information System Governing Board.
- Information shall be made available concerning records that have been erased, to Background Screening Providers who request public records, in order to identify a person and permanently delete the records
- Prior to disclosing information that has been obtained from public records, Background Screening Providers are required to purchase (on a regular basis) updated criminal records information. Subsequently, the information must be used to update records and permanently delete erased records no later than 30 calendar days after receipt of the information.
- An employee or prospective employee may file a complaint with the Labor Commission alleging a violation of this law.
The full text of Connecticut Senate Bill No. 1019 can be found here: CT: SB 1019
Connecticut employers should review their policies and programs as it relates to prohibiting discrimination based on erased criminal history record information, in light of the amended law. Employers should also consult with their legal counsel when considering updating their policies and programs, as it relates to discrimination based on erased criminal history record information.
The Information contained herein is for informational purposes only. Sterling is not a law firm, and none of the information contained in this notice is intended as legal advice. Clients are encouraged to consult with their legal counsel about the impacts of any requirements. This and other important legislative updates can be found on the Sterling website: https://www.sterlingcheck.com/resources/compliance-updates/
Sterling is not a law firm. This publication is for informational purposes only and nothing contained in it should be construed as legal advice. We expressly disclaim any warranty or responsibility for damages arising out this information. We encourage you to consult with legal counsel regarding your specific needs. We do not undertake any duty to update previously posted materials.