Beginning Jan. 1, 2023, public and private employers in Connecticut must comply with new rules regarding the use of criminal background information.
Employers were already prohibited from seeking information regarding criminal history that was erased, including where an individual was granted youthful status.
The new law broadens the definition of “erased criminal history record information” to refer to any erased records, information relating to persons granted youthful offender status, and continuances of a criminal case that are more than thirteen months old.
Employers also may not deny employment to a prospective employee or discriminate against a current employee based solely on “erased criminal history record information” or based on prior convictions for which the individual received a provisional pardon or certificate of rehabilitation.
As a reminder, existing Connecticut law prohibits employers from inquiring about a prospective employee’s prior arrests, criminal charges, or convictions on an initial employment application.
There is an exception when the employer is required to do so by state or federal law and to comply with bonding requirements.
Employers are permitted to ask about criminal background at other steps in the hiring process.
When they do, they must include a standard notice on the form indicating that certain information does not need to be provided, and the requirements of the notice are updated by the new law.
The old...
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