Tag Archives: expungement

California Governor Brown Signs SB 312 Authorizing Courts to Seal Juvenile Records for Certain Offenses

Written By ESR News Blog Editor Thomas Ahearn

On October 11, 2017, California Governor Jerry Brown signed into law several pieces of criminal justice reform legislation that included Senate Bill 312 (SB 312) which is supposed to improve the state’s juvenile justice systems by authorizing courts to seal juvenile records for certain offenses. Continue reading

New Jersey Governor Announces Bipartisan Agreement on Three New Expungement Reform Bills  

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Written By ESR News Blog Editor Thomas Ahearn

New Jersey Governor Chris Christie has announced a bipartisan agreement on three new expungement reform bills that will prohibit employment discrimination based upon expunged criminal records, increase the number of convictions that can be expunged while accelerating expungements, and reduce the waiting period to expunge an entire juvenile record, according to a press release on the Governor’s website. Continue reading

Re-Entry and Second Chance Programs for Ex-Offenders Will Increase in Importance for Employers

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Written By ESR News Blog Editor Thomas Ahearn

A study on the criminal background of workers and job performance released in October of 2016 by Northwestern University found that ex-offenders who had criminal records were no worse as employees in the workplace than non-offenders. The fact that re-entry programs and second chance programs  will increase as more employers discover ex-offenders make good employees as well as focus on Equal Employment Opportunity Commission (EEOC) Compliance  is Trend Number 2 in the Employment Screening Resources® (ESR) 10th annual ‘ESR Top Ten Background Check Trends’ for 2017. Continue reading

New California Law Prohibiting Employers from Asking about Juvenile Criminal Records Takes Effect January 1

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Written By ESR News Blog Editor Thomas Ahearn

A new law – Assembly Bill (A.B.) No. 1843 – will take effect January 1, 2017, and amend Section 432.7 of the California Labor Code to prohibit employers from considering certain juvenile records for employment purposes or asking a job applicant to disclose information concerning certain juvenile records occurring while that person was subject to juvenile court law. Continue reading

Lawsuit Claims LA Unified School District Rejected Job Seekers with Expunged Criminal Records

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Written By ESR News Blog Editor Thomas Ahearn

A lawsuit filed against the Los Angeles Unified School District (LAUSD) by members of a civil rights group claims job seekers with expunged misdemeanor records were illegally rejected for positions within the LAUSD, according to a story on the Courthouse News Service (CNS) website. Continue reading

Chattanooga Police Dealing with Backlog of 23,000 Expunged Criminal Records that Could Affect Background Checks and Hiring

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Written By ESR News Blog Editor Thomas Ahearn

The Chattanooga, Tennessee Police Department is working to process a backlog of at least 23,000 orders for expunged criminal files, where a legal record of an arrest or a criminal conviction is sealed and erased in the eyes of the law, which could affect the hiring of job seekers with criminal records that undergo background checks, according to a report from the Chattanooga Times Free Press. Continue reading

Expunged Criminal Records Appearing in Background Checks Unnecessarily

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Written By ESR News Blog Editor Thomas Ahearn

Expunged criminal records of job and housing applicants removed from government databases are still appearing in some background checks performed by private screening companies, according to a report from the Wall Street Journal. However, a background check expert says these expunged records should not appear if the information is verified at the primary source. Continue reading

Background Check Lawsuit Reaches Settlement

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Written By ESR News Blog Editor Thomas Ahearn

A settlement has been reached in a class action lawsuit that claimed a background check firm violated the Fair Credit Reporting Act (FCRA) when providing information for background check reports, according to a report from TopClassActions.com. As a result, subjects of these background check reports may be eligible to claim $1,500 or $40 from the settlement. Continue reading

New Alabama Expungement Law Allows Clearing of Arrest Records

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Written By ESR News Blog Editor Thomas Ahearn

A new Alabama expungement law that took effect July 7, 2014 allows residents who have been arrested – but not convicted – of a crime an opportunity to clear their arrest record and have the charge “deemed never to have occurred,” according to a report on the AL.com website. Continue reading

New California Law Significantly Impacts Use of Past Criminal Records by Employers during Employment Background Screening

A new law in California that took effect January 1, 2014 – Senate Bill No. 530 (SB 530) – provides significant new protection to ex-offenders who committed crimes, including felonies, when it comes to job hunting and what employers can legally discover or use.  The new law prohibits an employer from asking about, seeking, or utilizing criminal convictions that have been judicially set aside.  Employers violating the new prohibitions can face civil penalties and even misdemeanor criminal charges if done intentionally. It also allows a convicted person to get a case expunged sooner. The full text of California SB 530 is available at http://www.leginfo.ca.gov/pub/13-14/bill/sen/sb_0501-0550/sb_530_bill_20131010_chaptered.htm. Continue reading