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.

Source

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.

Source

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

Source

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.

Source

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.

Source

Oklahoma legislators may attempt to pass legislation that helps those with past felonies in the next session. This attempt would improve job opportunities for individuals who have served their time. The Bill under consideration is Senate Bill 1077, also known as Ban-the-Box legislation.

What is Ban-the-Box 

Passing the Ban-the-Box legislation could prove beneficial if you have a felony on your record. For example, it would help address the challenges of getting a job or housing. Ban-the-Box prohibits employers from asking if you have a felony on an application. It also prevents them from asking during the hiring process. 

However, a prospective employer can still request permission to conduct a background screening. According to the Ban-the-Box legislation, employers may request a check after offering a conditional employment offer. It would also require employers with a policy of refusing to hire ex-felons to disclose this information on their job applications.

The Senate Business and Commerce Committee had passed a Ban-the-Box legislation previously. Unfortunately, it never received a hearing on the Senate floor. As such, Sen. Jack Stewart stated that he would push the legislation again during this session. However, he suspects the legislation will receive amendments.

How It Helps

Ban-the-Box laws can help many people, as an estimated 70 million U.S. residents have a conviction or arrest on their records. These criminal records have prevented many from acquiring employment or housing. As such, many states and counties have worked to ease these burdens through Ban-the-Box legislation. They hope to support the efforts of affected individuals to reintegrate into society.

Approximately 35 states and 150 cities and counties have Ban-the-Box laws. However, some participants enacted the legislation through executive orders. For example, a former Oklahoma governor signed one such executive order in 2016. This order required state agencies to remove any questions concerning criminal histories or convictions from their job applications. 

Many Ban-the-Box laws include exceptions for specific situations. For example, employers may inquire about criminal history during interviews. They can also conduct background checks after making a conditional job offer. Regardless, these laws can significantly improve your chances of pursuing job opportunities in state agencies. This improvement may soon apply to the private sector as well.

Passing the Ban-the-Box legislation could help many people in Oklahoma. However, employers can still perform background checks. As such, running a self-background check could prepare you for questions in the interview process or later. A self-check also allows you to correct your records before employers get the wrong information.

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

Source

On September 1, 2023, the Office of Personnel Management (OPM) issued a final rule to implement the Fair Chance to Compete for Jobs Act of 2019. This Act will officially take effect on October 3, 2023.

The Fair Chance to Compete for Jobs Act of 2019 expands the 2016 Ban-the-Box rule. It also regulates when federal agencies and contractors can request an applicant’s criminal record. As such, this Act should present more opportunities to compete for jobs with federal agencies and contractors. 

What It Does

According to the final rule implementing the 2019 Fair Chance Act, “Unless otherwise required by law, an employee of an agency may not request, in oral or written form (including through the Declaration for Federal Employment (OF 306) or any similar successor form, the USAJOBS internet website, or any other electronic means) that an applicant for an appointment to a position in the civil service disclose criminal history record information regarding the applicant before the appointing authority extends a conditional offer to the applicant.” 

As a result, this rule makes it possible for you to compete for work without your criminal record getting in the way. However, the Act includes several exceptions, including the following:

• (i) Access to classified information; 
• (ii) Assignment to or retention in sensitive national security duties or positions;
• (iii) Acceptance or retention in the armed forces; or
• Recruitment of a Federal law enforcement officer (defined in 18 U.S.C. 115(c))

Addressing Complaints

The Fair Chance to Compete for Jobs Act of 2019 also provides procedures for complaining about violations. The major oversight agencies will establish these processes, determining the penalties and remedies based on the employer’s category.

One example of violating the regulations is when an employer views your criminal records before offering conditional employment. This action goes against ban-the-box practices and is a violation. If you believe you are a victim of this violation, you should file a complaint.

Though ban-the-box has reached the federal level, many people remain unaware of what these laws provide. As such, the Equal Employment Opportunity Commission (EEOC) recently released reports demonstrating the laws’ effectiveness. The EEOC hoped to assure the public how these laws help impacted individuals.

According to the statistics, background checks reveal a criminal history roughly 22.3% of the time. However, only 2% of these cases have received unfavorable results. As such, the EEOC encourages individuals to apply for jobs with a federal agency or contractor.

Despite the encouragement, interested individuals should run a self-background check before applying for work. Running a self-check allows you to correct errors in your records and review what negative information could impact your chances. You can use this report to prepare for any questions after the potential employer conducts a background check, improving your chances of retaining the job offer.

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

Source

The Office of Personnel Management (OPM) has approved final regulations affecting federal agencies and contractors. As of this approval, federal agencies and contractors can no longer ask job applicants about their criminal history before making a conditional job offer. Though many agencies already had policies reflecting this requirement, the OPM mandating it can improve job opportunities for many.

Initial Attempt

The OPM initially proposed the policy in 2022 to address some applicants’ struggles due to criminal backgrounds. However, it originally appeared in the 2020 National Defense Authorization Act, which expanded the OPM’s “ban-the-box” policy from 2016. These final regulations offer greater detail about implementing the Fair Chance Act.

What It Does Now

According to the final regulations, “Unless otherwise required by law, an employee of an agency may not request, in oral or written form (including through the Declaration for Federal Employment (OF 306) or any similar successor form, the USAJOBS internet website, or any other electronic means) that an applicant for an appointment to a position in the civil service disclose criminal history record information regarding the applicant before the appointing authority extends a conditional offer to the applicant.”  

As such, previously incarcerated individuals have improved chances of acquiring work in federal agencies or contracts. This change puts them on equal footing with other applicants, allowing fair and equal opportunities for everyone. Furthermore, the final regulations adhere to President Joe Biden’s 2021 executive order, which allowed the OPM to evaluate and improve hiring opportunities. This order specified the need to expand on diversity, equity, inclusion, and accessibility for federal hiring.

Exempt Circumstances

However, the final regulations include exceptions for several positions. The OPM provided examples of exempt positions, including those accessing classified information, interacting with minors, and accepting or retaining in the military. 

The Fair Chance Act also included a process for applicants who feel the employer has violated their rights. It also details the steps employers must take when considering adverse action based on an applicant’s criminal history. Violating the Fair Chance Act could include written warnings, civil penalties, and suspension without pay.

Unfortunately, the effect of current “ban-the-box” laws on hiring remains unclear. However, the OPM intends to implement a strategy for collecting data to verify the trends’ impact. Until then, the Office expects these final regulations to improve employment opportunities for anyone with a criminal background.

Interested individuals should consider a self-background check before applying for a federal job. A self-check allows you to correct any errors before potential employers see them. It also helps you prepare to explain any negative information that could cause delays in the hiring process.

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

Source

Anyone job hunting should carefully review the job offers they receive. Anything appearing too good to be true is often that: too good to be true. According to many cases, people have found these opportunities come from a fake job campaign that intends to distribute malware to the unwary.

The Scam

Hackers have found a way to distribute this malware through social media. They use fake social media accounts and present themselves as recruiters for prominent companies. Victims who interact with these “recruiters” may believe them legitimate enough to accept the infected links they send as part of the fake job offers.

Usually, these links lead to a website requiring the victim to solve a CAPTCHA challenge. This step intends to solidify the belief that this is legitimate. Afterward, the victim may download a document detailing the job expectations. However, this document carries a malicious macro for the hacker to exploit. 

This macro retrieves the malware from another location and infects the device that downloaded it. Once infected, the malware can monitor and steal sensitive information the user inputs or saves. Unfortunately, researchers have not discovered the goal of this malware. 

Steps to Avoid the Malware

The best way to avoid this scam is by staying cautious about any job offers you receive. Research the company making the offer, including their contact information and website, to ensure the details match. When you find an open position online, check their website or contact the company directly to ensure it is legitimate.

Never automatically trust offers coming from a prominent social media site. It has proven easy for hackers to pretend they work for legitimate companies. However, cautiousness alone is not enough. Here are other steps to take to protect yourself from hackers:

• Use anti-virus software. Though this software may not protect you from all malware, its scans can detect and protect you from most. This software can also remove malicious software already on your device and prevent you from clicking or opening infected files.
• Update your operating system. Make sure you keep your operating system and applications up to date. This step can make your device less vulnerable to hackers.
• Avoid sharing sensitive information early in the hiring process. Jobseekers should avoid sharing too much, too soon. Most reputable employers request information later in the hiring process. As such, any recruiter asking for personal or financial details early in the application is likely a fraud.
• Check the sender’s email address and details. Verify the sender’s email address matches the company’s official domain. Should the email contain links, ensure you hover over it before clicking. If you look in the screen’s bottom left corner, you will see the URL’s destination. You should act cautiously if the link does not match the destination.

Receiving job offers is exciting and often a breath of relief. However, job hunters should do their due diligence and ensure its legitimacy. Follow the steps shared above to improve your chances of avoiding fake job offers. Should you receive a legitimate job offer, consider running a self-background check to ensure hackers did not get your information beforehand. Self-checks also allow you to correct errors and prepare explanations for any negative information.

You can stay one step ahead of hackers and identity thieves by running a quick self background check. Click here to get started.

Source

New York City started enforcing Local Law 144 on July 5, 2023. This law regulates automated employment decision tools, which should help anyone applying for jobs or promotions. As such, you should know what this law does and how it could help you.

What are Automated Employment Decision Tools?

Local Law 144 defines an Algorithmic Employment Decision Tool (AEDT) as a computer-based tool that uses advanced technology. Examples of this technology include machine learning, statistics, data analysis, and artificial intelligence. It helps employers and employment agencies make decisions about hiring and related matters. The tool is more than just a support system; it significantly assists in — or even — replaces manual decision-making.

The Law’s Requirements

The law has three primary requirements that employers must follow to comply. Employers must perform an annual bias audit on any AEDT they use, give notice to job applicants and employees concerning their use, and publish the results of the bias audit.

It bans employers and employment agencies from using AEDTs without confirming that the tools underwent bias audits. The employer must have the audit conducted by a third-party company. However, only companies certified by the New York City Department of Consumer and Worker Protection (DCWP) before conducting audits.

The employer must notify employees or job applicants ten days before the AEDT screens them. The employer must also provide information about the tool, including the job qualifications or characteristics it will assess. The notice must explain how an applicant or employee can obtain a reasonable accommodation under another law.

Finally, employers must also publish a summary of the most recent bias audit. This summary includes the AEDT’s distribution date, which indicates when the employer started using the tool. Other details include the source of the data used for the audit and an explanation of how the audit ensures fairness.

The summary should also include how many people the AEDT classified under the unknown category. It should provide the number of applicants or candidates, their selection or scoring rates as applicable, and the impact ratios for all categories. Employers must comply with these requirements to ensure transparency and accountability.

Penalties for Non-compliance

Employers who fail to comply could receive fines of up to $25,000 per violation. In addition, the law may require the employer to take corrective action, such as training their employees or stopping all use of the AEDT. However, the law does not require extra steps for employers based on the bias audit’s results.

The DCWP recently issued an FAQ to clarify Local Law 144’s requirements. For example, it reiterated that employers must comply with all anti-discrimination laws. As such, the bias audits would ensure they take action to ensure compliance when needed.

The Benefits for Employees and Job Applicants

This new law protects job seekers and employees from discrimination by AI hiring tools and ensures transparency in hiring. As such, job seekers can expect a fair chance at employment. However, you should be mindful of factors like background checks that can impact hiring and promotions. To increase your chances of employment, consider running a self-background check to correct any errors in your background information. This step could help present an accurate profile to potential employers.

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

Source