Representatives from Connecticut Governor Ned Lamont’s administration have announced another delay. This delay affects the state’s Clean Slate law, once again preventing its full implementation from taking effect. As such, those hoping for automatic expungements from the Clean Slate law must wait longer.

This delay follows an announcement from three months ago about the law taking effect in January 2024. Had it begun, it would have expunged the misdemeanors and felonies of over 80,000 individuals. According to the representatives, the state has successfully cleared the records of approximately 13,600 people. This effort amounted to roughly 33,000 charges.

Of these 33,000 charges, approximately 30,000 expunged offenses are for misdemeanors, and the remaining are qualifying low-level felonies.

Under the Clean Slate law, offenses qualifying for automatic erasure include:

• Any unclassified (less than one-year imprisonment) or classified misdemeanor after a seven-year wait from the most recent conviction
• Class D, E, or unclassified (less than five years of imprisonment) felonies and any convictions for operating under the influence after a ten-year wait from the most recent conviction
• Have not received convictions of other crimes during this wait period

The automatic expungement applies to offenses with resulting convictions dated on or after January 1, 2020. Furthermore, individuals must complete all sentence requirements to qualify for the automatic erasure. Such requirements may include prison time, parole and special parole, and/or probation.

The state previously estimated that over 80,000 people would qualify for automatic erasures under state law, which would amount to roughly 178,000 offenses. Initially, it should have cleared by the end of January 2024. The data provided by the state shows how it has fallen short of the goal.

The Department of Emergency Services and Public Protection is one of the agencies responsible for rolling out the Clean Slate law. As such, the Department reported details about the delays. According to the Department of Emergency Services and Public Protection, the reasons for the delay include aging data systems and inaccurate data. The state previously thought it had cleared the long-running technology issues after its $8 million information technology upgrades, which finished in December last year.

The Lamont Administration announced that they expect another 65,000 individuals to see their records expunged in the upcoming weeks. The goal is to expunge all qualifying records from January 1, 2000, within the next 12 months. However, many have criticized the progress due to delays in information about the Clean Slate progress and obstacles.

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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Connecticut’s legislature is considering a bill concerning prospective tenants’ criminal records. House Bill 5242 (HB 5242) would prevent landlords from reviewing criminal records past a specific time frame when determining a potential tenant’s eligibility. Though it passed the Housing Committee, it still awaits further decision-making.

The bill would limit landlords’ ability to consider potential tenants’ felony criminal convictions. It bars landlords from considering criminal record information with history greater than three years old. However, HB 5242 offers limited exceptions when deciding whether to rent to a potential tenant.

For example, HB 5242 has a carve-out addressing individuals with convictions that could significantly impact a community’s safety and well-being. This carve-out includes rental applicants with convictions for producing methamphetamines in public assisted housing. HB 5242 also makes an exception for those with a lifetime requirement to register as a sex offender.

Landlords cannot consider most convictions older than three years when deciding whether to negotiate or make a rental agreement. Furthermore, HB 5242 requires landlords to commit to further decision-making when making adverse leasing decisions based on criminal histories. As such, they must provide the rental applicant with a notice of the intended adverse decision. HB 5242 also requires landlords to consider related mitigating factors when reviewing the convictions.

Landlords must consider several mitigating factors before committing to a decision. Such examples include the nature of the convictions, the surrounding circumstances, the time that has elapsed since the conduct, the individual’s age at the time, any evidence of rehabilitation, their employment status, and any tenant history before/since the conviction. These housing providers must give the rental applicant at least five business days to respond to the notice. The response may include any mitigating information about the conviction to help prove the applicant’s eligibility as a fitting tenant. 

HB 5242 has received considerable support and opposition from different groups, as represented in a long eight-hour session with Connecticut’s Housing Committee. This discussion covered measures that would significantly impact tenant evictions, how one addresses a potential tenant’s criminal background, and notices of rent increases. The bill related to evictions over lease expirations is Senate Bill 143. 

Several critics argued that these bills negatively impact property rights and could complicate landlord-tenant relationships. More have commented on increased liability risks due to HB 5242’s limitations when considering criminal backgrounds. Despite these debates, the Committee voted to advance the bill. As a result, the legislation will now head to the floors of the House and Senate for further discussion.

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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The post Connecticut Advances Criminal History Bill HB 5242 appeared first on JDP.

July 21, 2023

The post New Connecticut Law Changes Tenant Screening Process appeared first on JDP.