Oklahoma law Archives - JDP https://www.jdp.com/blog/tag/oklahoma-law/ Employment Screening, Background Check Fri, 03 May 2024 18:43:48 +0000 en-US hourly 1 Oklahoma Considers Reforming Expungements and Expand Tenant Rights https://www.jdp.com/blog/oklahoma-considers-reforming-expungements-and-expand-tenant-rights/ Wed, 13 Mar 2024 09:11:45 +0000 https://www.jdp.com/?p=18504 March 13, 2024 Lawmakers in Oklahoma City have advanced two bills that would reform expungements and tenant rights: House Bill 3792 (HB 3792) and Senate Bill 1575 (SB 1575). HB 3729 would change the expungement regulations. In addition, SB 1575 would increase protections for tenants at risk of being evicted.  To reform and improve tenant […]

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Lawmakers in Oklahoma City have advanced two bills that would reform expungements and tenant rights: House Bill 3792 (HB 3792) and Senate Bill 1575 (SB 1575). HB 3729 would change the expungement regulations. In addition, SB 1575 would increase protections for tenants at risk of being evicted. 

To reform and improve tenant rights, HB 3729 expunges nonviolent misdemeanor criminal records. It applies to “any person who was convicted of a nonviolent misdemeanor offense, at least ten (10) years have passed since the date of conviction.” However, it applies if the person meets the following requirements: “has not been convicted of a felony, all fines, fees, and restitution if ordered by the court have been paid, and no felony or misdemeanor charges are pending against the person.”

Additionally, individuals eligible for an automatic expungement can file a petition instead. However, the bills also clarified that specific agencies can petition the court to unseal automatically expunged records. These agencies include the prosecuting agency, the arresting agency, the Oklahoma State Bureau of Investigation, and other interested persons or agencies. Passing this bill could help many people obtain more housing and employment opportunities.

The Senate Judiciary Committee recently approved SB 1575, which will undergo review by the full Senate. If passed, SB 1575 would add five days to the required period between filing an eviction case and the earliest allowable court date. As a result, affected parties would have at least ten days from the eviction case’s filing date to the court date. 

Furthermore, SB 1575 would increase the time tenants have from the day they receive a summons until the day they must appear in court. This timeframe has changed from three days to seven. However, the law included exceptions to the extension.

According to Senator Kirt, this bill will not hamper a landlord’s ability to address tenants who have damaged the property or committed criminal activities in it. Senator Kirt assured concerned parties that the extended timeline would not apply in such cases. Instead, it would “[put] in a statute what responsible, fair landlords already do when tenants can’t play.”

Interested parties have reviewed these bills and voiced support for these changes. For example, the executive director of the Oklahoma Association of Community Action Agencies approved of “modernizing Oklahoma’s eviction statutes.” According to the executive director, “This five-day extension can give renters the time they need to get another paycheck or make other arrangements to pay their rent, something that shorter notice periods can often prevent.”

Disclaimer:
Information provided here is for educational and informational purposes only and should not constitute as legal advice. We recommend you contact your own legal counsel for any questions regarding your specific practices and compliance with applicable laws.

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]]> Oklahoma Legislators May Revive Ban-the-Box Legislation https://www.jdp.com/blog/oklahoma-legislators-may-revive-ban-the-box-legislation/ Thu, 02 Nov 2023 19:59:28 +0000 https://www.pre-employ.com/?p=17574 Oklahoma Legislators May Revive Ban-the-Box Legislation November 2, 2023  Many expect legislators in Oklahoma to pass legislation that would help ex-felons. Should it pass in the next session, it would improve employment and housing opportunities for those who have served their time. The bill in question is Senate Bill 1077 (SB 1077), a “ban-the-box” type […]

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November 2, 2023

 Many expect legislators in Oklahoma to pass legislation that would help ex-felons. Should it pass in the next session, it would improve employment and housing opportunities for those who have served their time. The bill in question is Senate Bill 1077 (SB 1077), a “ban-the-box” type law.

“Ban-the-box” laws have become increasingly common and helped many as they became popular. Nearly 70 million Americans have a conviction or arrest record, making it difficult to find work or housing. As such, approximately 35 states and over 250 municipalities have enacted “ban-the-box” laws to help overcome obstacles due to their criminal backgrounds. For example, they often prohibit employers from including questions about an individual’s criminal history on job applications. 

Applications Before Ban-the-Box

In the past, many job applications had a box to check if applicants had a criminal record. As such, laws prohibiting questions about applicants’ criminal history on job applications became “ban-the-box” laws. These laws did not stop at banning the box. Some versions also prevent employers from inquiring about criminal history before offering a conditional offer of employment.

If passed, SB 1077 would ban employers from asking applicants if they have a felony on a job application. It would also prevent employers from asking during the hiring process. However, the employer may conduct a background check if they have made a conditional offer of employment. The new law would also require employers with a policy of refusing to hire ex-felons to disclose this information on their job applications.

Previous Reviews

SB 1077 previously made it past the Senate Business and Commerce Committee. Unfortunately, it never got a hearing on the Senate Floor. Nevertheless, Senator Jack Stewart said he would push the legislation again during this session. However, he mentioned that the bill may undergo amendments as well.

Though Oklahoma already has a “ban-the-box” law, it applies to state agencies only. This regulation took effect after a former Governor of Oklahoma signed an executive order in 2016. It required state agencies to remove any questions about criminal history from their applications. However, the current law has some exceptions. For example, employers at state agencies may inquire about an applicant’s criminal history during interviews. They may also conduct background checks on applicants after offering a conditional offer of employment.

If revived and passed, SB 1077 would benefit job seekers and employers. However, it may require employers to review and adjust their hiring policies to comply. One way to ensure compliance is by working with an experienced background check company. The right partner will ensure compliance with “ban-the-box” and other employment laws.

Keep your business compliant with new laws and regulations with JDP’s reliable background checks. Contact a sales rep today.

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