Recently, the New York Governor signed the Clean Slate Act into law. This success is good news for many New York residents with a criminal record. Interested parties can expect the law to take effect in November 2024.

Once it takes effect, those with criminal records may find significant improvements in their job and housing opportunities. The Clean Slate Act would help people with a criminal record reintegrate into society more quickly while considering public safety. It does so by automatically sealing eligible criminal records. However, it applies only to individuals who have not committed crimes during the required waiting period. 

The Clean Slate Act will seal your eligible misdemeanor conviction if you have not faced another sentence for three years after the initial conviction or release from incarceration. It also automatically seals certain felony convictions. However, the waiting period is eight years after the initial conviction or release from incarceration. During this time, you cannot accrue any new criminal convictions, regardless of whether it is a felony.

Interested individuals must understand that New York’s Clean Slate Act will not seal all crimes. For example, it explicitly lists serious crimes, such as sex crimes or murder, as ineligible. All eligible records expunged by the Act should no longer appear in public court indexes. However, most employers and landlords should not have access to it. 

Of course, there are exceptions to this law. For example, law enforcement officers can see the records when processing individuals’ applications for firearms. Other exceptions include prosecutors or courts. They may access these files as part of a new case. Finally, employers required to conduct fingerprint-based background checks may acquire the sealed information.

According to the governor, the Clean Slate Act intended to do more than improve public safety. She also explained that it would improve economic growth. As such, she supports giving people a clean slate once they have paid their debt to society and not re-offended for years. She believes a good-paying job is the best way to fight crime.

The Clean Slate Act will take effect later in 2024. If you have eligible convictions, you may see them expunged at the end of the year. This automatic sealing can significantly improve your ability to obtain work or housing. However, your records will remain visible to the public, such as employers and landlords, until then. While you wait, consider running a self-check to review the information they will see.

Background checks don’t have to be complicated. Try running a self background check today and give yourself a head start.

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As is the nature of parents, they enjoy sharing information and pictures of their children. This expected pastime has become more prevalent online. Experts developed a term describing this type of oversharing, calling it “sharenting.” However, it also raised concerns about children’s privacy. Such worry especially applies to a child’s online presence, especially before they’re old enough to create social media accounts.

Parents proud of their children want to brag about them. They often want to share their kids’ accomplishments with friends and relatives, which social media makes deceptively easy. Unfortunately, many forget about the potential consequences of oversharing such information. For example, they could risk their child’s safety, identity, and more.

Protecting Your Child From Identity Theft

Experts have commented on how little thieves need to steal a child’s personal information. For example, they could learn too much just from a picture posted online. Thieves could discover your location, such as what school or recreational area they frequent, from a picture alone. It is crucial to consider what you share online.

One risk your child faces from such casual sharing is identity theft. The younger the child, the longer it can take for anyone to realize a thief has taken their identity. By the time anyone realizes it, the thief could deal considerable damage to the child’s credit or criminal history. Identity theft could tarnish the child’s ability to obtain loans, work, or housing. Such damage could take years to resolve. 

Be Careful When Posting

Take care when discussing your children or posting pictures of them in public social media forums. Even posts you make on private accounts can become public due to interaction by family or friends. As such, parents should avoid sharing too much information. Examples include the child’s name, age, or birthdate. Identity thieves look for this information online. 

Consider checking the privacy policy and settings of any website you post on. If available, customize these settings to ensure posts privately made do not leak to the public. Regardless, any privacy adjustments could improve your control over who accesses your child’s information and pictures. 

However, this practice should not be the only precaution you take. Anyone with access to your posts can still propagate the child’s information. Those with access can still share and leak the child’s data despite the posts’ restrictions.

No matter how careful you are, you cannot account for how others will use or spread your child’s information. You could do everything correctly, but thieves could still steal your child’s identity. If you suspect someone has stolen your child’s identity, consider running a credit or background check for them. Self-check can inform you whether someone has committed crimes or opened accounts under your child’s name.

Protect your and your children’s identity today. Click here to run a self background check

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A new law concerning marijuana users went into effect on January 1, 2024, in Washington. This law is Senate Bill 5123 (SB 5123). It intends to improve employment opportunities for marijuana users. 

According to SB 5123, employers cannot discriminate against job applicants based on off-duty marijuana use. It also prevents discrimination for use away from the worksite. The law also bans employers from using the results of pre-employment drug tests that screen for non-psychoactive cannabis metabolites to make hiring decisions.

Washington has decided to ban employers from making hiring decisions based on the results of these tests. This decision is because such results do not predict an applicant’s future job performance. Furthermore, it does not prove whether someone is currently under the influence of marijuana.

Tests screening for non-psychoactive cannabis metabolites can give a positive result even if the applicant used the product weeks ago. False positives happen because these metabolites stay in a person’s system after metabolizing tetrahydrocannabinol (THC). THC is the active chemical in marijuana that triggers positive test results.

SB 5123 could help prevent discrimination toward marijuana users searching for work. According to supporters, it will prevent employers from restricting job opportunities for marijuana users. The law states, “It is unlawful for an employer to discriminate against a person in the initial hiring for employment if the discrimination is based upon:

• The person’s use of cannabis off the job and away from the 

workplace; or

• An employer-required drug screening test that has found the 

person to have non-psychoactive cannabis metabolites in their hair, 

blood, urine, or other bodily fluids.”

However, SB 5123 offers several exceptions for eligible circumstances. For example, employers may continue using tests that do not screen for non-psychoactive cannabis metabolites. It also allows employers to maintain a drug-free workplace. Finally, SB 5123 does not affect an employer’s obligations or rights under federal regulation or law.

As such, accidents at work can lead to drug tests that include marijuana screening. You should also know that employers may test you for marijuana if they suspect that marijuana is influencing you while working. Despite these exceptions, SB 5123 can still significantly improve your job opportunities.

When preparing for a job opportunity, consider running a self-background check. A self-check can improve your chances by ensuring employers see accurate information. It also allows you to make corrections if you find errors or plan how to explain any negative records.

Try running a self background check today and give yourself a head start on your next job opportunity.

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The New York City Council has passed the Fair Chance for Housing Act. It could help many individuals with a criminal record obtain better housing opportunities. After passing a vote of 39 to 8, the bill will take effect in 2025 if the mayor signs it. 

This bill does not limit how landlords and other entities can use background checks to the extent that the previously debated version did. However, it will protect against discrimination toward those with a criminal record. It also allows landlords to conduct background checks for misdemeanors within a three-year look-back window and felonies for five years. 

This look-back window would start after release from incarceration. The window also applies to those not incarcerated in their sentencing. One lawmaker stated that this period allows people to show they have put their past behind them. People who do not reoffend during this time are also said to be less likely to reoffend. 

There is an exception to the law for two-family owner-occupied homes. A covered entity can advertise or make a statement, communication, or application as required by state, federal, or local law as long as the entity includes a citation for the law, regulation, or rule requiring it. Covered entities can also conduct background checks to deny someone housing accommodation if required by state, local, or federal law. Additionally, a covered entity can take adverse action against an individual or occupant for reasons other than a criminal history.

Covered entities conducting a background check of someone trying to buy, rent, or lease a housing accommodation must take the following steps:

• “(A) In the case of a transaction involving the purchase of housing or shares in housing, the seller has accepted an offer and agreed in writing that the seller will not revoke the acceptance or change the conditions of the deal on the basis of the buyer’s criminal history except as permitted by this paragraph;
• (B) In the case of any other transaction involving lease or rental, the covered entity has provided to such individual a rental or lease agreement that commits the housing accommodation to the applicant, which may only be revoked based on a criminal background check conducted in accordance with the fair chance housing process set forth in subparagraph (5), or upon an unrelated material omission, misrepresentation, or change in the qualifications for tenancy that was not known at the time of the conditional offer;
• (C) In all such cases, has provided such individual notice of such criminal background check and a written copy of the city’s fair chance housing notice summarizing the rights in this paragraph, which shall be created and made publicly available by the commission.”

As such, landlords or similar entities must accept your offer to buy, lease, or rent before conducting a background check. They must then comply with this new law when considering the relevance of any criminal history. Covered entities that run a background check may decide to take adverse action. In such cases, they must provide the required notices and five business days to respond.

Before applying for housing, consider running a self-check to ensure your background is accurate. Click here to run a self background check

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With the holiday season upon us, Americans will see more mail and packages than earlier in the year. During the 2022 holiday season, the U.S. Postal Service (USPS) processed over 11.7 billion mail and packages. While the deliveries can inspire significant holiday cheer for the intended recipients, it also opens opportunities for identity thieves.

How It Works

Recent years have seen a notable uptick in cybercrime. However, nearly half of identity crimes occur because of low-tech processes – for example, mail theft. Stolen mail and packages often contain a wealth of potential for criminals. They can acquire crucial clues about you, all neatly packaged, in checks intended as gifts, gift cards, and many sources of identifiable information.

Criminals often target unattended packages and time their theft when no one is home. After acquiring something, they sort through their finds for information about you, like your name, bank account information, and anything else they can use. Identity thieves can use this information to open credit lines or file taxes if they find your Social Security Number. In some cases, they may use your name while committing crimes or sell your information on the dark web for others to exploit.

How to Avoid Theft

Unfortunately, mail theft has quickly grown alongside identity theft. In 2021, over 300,000 people filed theft complaints. This record marked an increase over the previous year. Thankfully, there are steps you can take to reduce the chances of someone stealing your mail and packages this holiday season. Such steps include:

• Using the USPS “Informed Delivery” tool to receive digital previews of incoming mail to know when to expect what delivery, ensuring you immediately know if something goes missing.
• Not leaving outgoing mail in your mailbox or a collection box. Consider handing it directly to your carrier or the post office.
• Ensuring you never leave mail uncollected while traveling over the holidays. Arrange for a friend or family member to collect your mail or have the post office place a hold on delivery during this timeframe.

Taking the above steps makes it possible to significantly reduce the potential for mail theft. In turn, you will avoid identity theft. However, it is impossible to completely eliminate the risk. As a result, watch for any signs of identity theft, such as unexpected bills, credit card statements, or confirmation of a change of address. You should also consider running a self-background check. Running a self-check can reveal unforeseen and suspicious activities on your credit and background reports, warning of potential identity theft.

Click here to run a self-background check to ensure your information is accurate.

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Denton, Texas, is considering a ban-the-box law, which the City Council will vote on in January. The new law would prohibit discriminatory actions against people with a criminal record. For example, it would prevent employers from discouraging them from applying and stop them from rejecting applicants based on these records. 

What It Does

Passing the ban-the-box law could improve your chances of obtaining employment if you have a criminal record. It would ban employers from seeing various information that could result in illegal discrimination. However, this depends on whether the City Council passes the Fair Chance Hiring Ordinance under review. These activities include: 

• “Publishing information that states or implies that criminal history is an automatic disqualifier for employment;
• Soliciting or otherwise inquiring about criminal history on a job application;
• Soliciting criminal history information or considering criminal history before a conditional employment offer;
• Refusing to consider an applicant because the applicant did not provide criminal history before a conditional employment offer or
• Taking adverse action against an individual due to criminal history, unless the individual proves unsuitable for the job based on an individualized assessment.”

This new law would ban employers from asking about your criminal history in most cases. However, there is an exception for situations involving state or federal laws. Employers may inquire about your criminal background when state or federal law requires them to ask about it.

Examples of these laws applying include childcare or public safety jobs. Employers can also inquire about criminal records if doing so would not have a disparate or discriminatory impact. As such, you may encounter employers who ask about your criminal record when applying for some jobs.

How It Affects You

Should the new ban-the-box ordinance pass, it will become part of the current Non-Discrimination Ordinance. As such, the city would follow the same procedures for addressing complaints about ordinance violations as existing provisions. These complaints would go to the Equal Opportunity Commission or other federal or state agencies when appropriate. Otherwise, the city would investigate the complaint and try to settle it. If the city fails, the complaint could go to the City Prosecutor for a review and possibly a Class C misdemeanor citation.

This ordinance could benefit Denton residents by improving their job opportunities. However, the ban-the-box law has yet to pass. Before passage, the city will request five feedback sessions. It will also request a public hearing before January’s vote on the ordinance. Anyone interested can provide feedback during these sessions.

Passing the ban-the-box ordinance could improve your chances of obtaining work. For example, it would allow you to convince potential employers of your potential before they learn about your criminal record. Another way to improve your chances is by conducting a self-background check. A self-check allows you to review what potential employers will see. Doing so lets you correct errors in the report and prepare to explain any negative information.

Click here to run a self-background check to prepare for your next job interview.

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Minnesota legislature recently passed a Clean Slate law that automatically expunges non-violent offenses. This law will take effect in 2025, easing the expungement process for many individuals affected by these criminal records. 

This legislation marks Minnesota as the 11th state to pass a Clean Slate law. The new law could help more individuals because it expands the number of people who will be eligible to file an expungement. Before this law, Minnesota had already established an expungement process. However, it made expungement costly and time-consuming. 

Why It Came Up

Many people did not expunge their records because of these issues. This result inspired Santa Clara University to conduct a study on the expungement rates. According to the data, only 5% of eligible residents in Minnesota have expunged their records. However, 60% of people with criminal records qualify for expungement. 

Individuals interested in expungement must understand that this process does not eliminate the record. It only prevents the information from appearing on standard background checks. As such, your potential employer or landlord would not see these offenses in your background check reports.

However, law enforcement agencies could still access these expunged records. Other agencies that maintain access include the courts, the Department of Human Services, and other licensing boards. As such, they may review these records when conducting background checks on you.

How to Qualify

If you have eligible non-violent offenses, you can expect to see them automatically expunged as early as 2025. Examples of qualified records include dismissed petty and gross misdemeanors. Petty and gross misdemeanors for individuals who completed a diversion program or stay-of-adjudication also qualify. 

You must complete at least two years before your records become eligible for automatic expungement. This waiting period applies if you have eligible petty misdemeanors and discharged sentences. Eligible gross misdemeanors have a three-year waiting period after discharging the punishment. Violent offenses, as well as certain other offenses, will not qualify for automatic expungement.

Crimes typically eligible for expungement include theft, property damage, and receiving stolen property. You may also find offenses such as fifth-degree drug possession or sales qualify. However, you must avoid further charges during this waiting period. Failure will disqualify you for automatic expungement. 

This law could give many Minnesota residents better employment and housing opportunities. Until then, interested individuals may petition for an expungement. Should your petition succeed, consider running a self-background check before applying for jobs or housing. This self-check will inform you whether the expunged records are still visible and allow you to make corrections before anyone screens your background.

Try running a self background check today and give yourself a head start on your next opportunity.

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