For offenses that fall within the above categories, erasure would occur automatically if the offense occurred on or after Jan. 1, 2020. For misdemeanors committed by someone under 18, such records will be erased automatically if the offense occurred on or after Jan. 1, 2000, and before July 1, 2012. Other offenses occurring before these dates are subject to erasure by individual petition.<\/li>\n<\/ul>\nThe law provides employees and job applicants the ability to file complaints about violations of this law with the Connecticut Department of Labor, the Connecticut Commission on Human Rights and Opportunities, or in a civil action in Connecticut Superior Court, depending on the nature of the alleged violation. Individuals bringing civil actions may be entitled to injunctive relief, damages and other legal remedies.<\/p>\n
Implications for Employers<\/p>\n
As a result of this law, employers will have limited access to Connecticut criminal history. Additionally, due to the law’s prohibition on discrimination due to erased criminal history information, the expansion of convictions being erased will make it less likely that employers will be able act on information that they obtain falling under that category, even if voluntarily disclosed by an employee or applicant.<\/p>\n
Employers should remember the protections already in place under Connecticut statutes for individuals who have received a provisional pardon or certificate of rehabilitation. Like erased criminal history information, employers cannot base employment decisions solely on receipt of those designations.<\/p>\n
Tanya A. Bov\u00e9e and Justin E. Theriault are attorneys with Jackson Lewis in Hartford, Conn. Susan M. Corcoran is an attorney with Jackson Lewis in White Plains, N.Y. <\/em>\u00a9<\/em> 2022. All rights reserved. Reprinted with permission. <\/em><\/p>\n
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