The Mayor of Washington, D.C., Muriel Bowser, recently proposed a plan to wipe clean the arrest records of people who were not later convicted. Her plan joins a number of "second chance" or "clean slate" bills proposed in the U.S.
Philadelphia outlines the changes to the original 2011 Ban the Box Law and the NEW 2016 Ban the Box Law. For more detaills ->
Effective March 14, 2016, Employers in the City of Philadelphia will no longer be able to ask job candidates questions about previous criminal convictions or to conduct a criminal background check until after a conditional offer of employment is made. The updated ordinance also specifically prohibits the use of a form that includes a question regarding criminal convictions - even if it instructs the candidates not to answer until after an offer of employment is made.
The Consumer Financial Protection Bureau recently updated the FCRA Summary of Rights document.
In the News
Beginning in July of 2017, Equifax, Experian and TransUnion will no longer include records of tax liens and/or civil judgments if there are not at least three identifiers: name, address and either social security number or date of birth. Most liens and judgments do no include all three or four identifiers, so this will most likely lead to an increase in credit score for those individuals that previously had liens and/or judgments on their credit reports. Thus they may soon appear more credit worthy to lenders.
According to an article by Amy Kamp (The Austin Chronicle, March 25, 2016), Austin, Texas became the first city in the South to pass a Fair Chance Ordinance. This new law will require private employers to delay asking about a job candidate's criminal history until after a conditional offer of employment has been made. To read more ->
Indiana passed a Second Chance Law in 2013 which provides individuals with the opportunity to have their criminal records expunged after 5-10 years. Once the expungement is approved, the individual will no longer have to check, "yes" on job applications that inquire about previous convictions. This law is intended to help ex-offenders successfully find jobs. To read more about this law ->
A recent article by Greg Glod (August 5, 2015), proposed an interesting alternative to Ban-the-Box laws. Mr. Glog suggests that rather than placing employers and applicants into less than ideal situations, there should be a system in place to allow ex-offenders to earn the right to seal their criminal records. Once records have been sealed, the candidate would be able to honestly assert that they have not been convicted of a crime. To read more ->
Yesterday, Mayor Bill DeBlasio signed into law the Fair Chance Act, prohibiting private employers in New York City from inquiring into an applicant's past criminal convictions until after a conditional offer employment has been made. If, after conducting a background check, the employer withdraws the offer, it must explain the decision to the applicant in writing and hold the position open for 3 business days so the applicant can respond. To read more ->
As published by Seyfarth Shaw on June 29, 2015, Oregon is the latest to join the ever growing list of states which have enacted "Ban the Box" legislation. As of January 1, 2016, private employers can no longer require job applicants to disclose criminal convictions prior to an initial interview. If no interview is conducted, the law prohibits employers from disclosing criminal convictions prior to making a conditional offer of employment.