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 that 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.
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 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.
To read more about this subject read the recent press release: ‘Clean Slate’ and ‘Expungement’ Legislation May Bring Change to Background Screening, Opines CriminalBackgroundRecords.com