Hiring done right is difficult, and employers seek any edge they can finding good, hard-working talent that will fit in well with their culture. Background screens are one such tool, and especially for cash-handling roles are recommended by HR professionals in order to minimize the risk of bad hires. Now, Clean Slate Laws are aiming to seal or expunge some criminal records automatically in order to improve the employability of those with past offenses.

Clean slate laws are expanding across multiple states in the US, offering individuals with criminal records a chance to have their records automatically sealed after a period of crime-free behavior. This initiative aims to increase employment opportunities for these individuals and broaden the talent pool for employers.

Benefits of Clean Slate Laws

The laws have some clear benefits for teh labor market, which remains very resiliant with unemployment hovering at 4%. Mainly-

1 - Increases employment opportunities for millions of Americans with criminal records, including those with minor offenses, and

2 - Reduces the stigma associated with past criminal records during job applications.

Legislative and Initiative Details

Two federal clean slate laws have been proposed to clear federal records or provide funding for state-level record clearance. The Clean Slate Act of 2023, and the Fresh Start Act which would provide federal funding to support the implementation of state-level record clearance laws.

Comparison with Ban-the-Box Laws

Clean slate laws differ from ban-the-box laws, which prevent employers from asking about criminal history during the hiring process; These Clean Slate laws proactively seek to expunge certain offenses from an individual’s record.

Ban-the-box laws focus on fair consideration of candidates with criminal histories, are are more retrospective in nature.

Compliance Challenges

Employers must navigate varying state laws regarding criminal record disclosure and hiring practices. Compliance complexities include ensuring non-discriminatory hiring practices such as not asking about crimnal history in job applications and understanding when sealed records can be considered.

Implications for Employers

Clean slate laws encourage employers to reconsider candidates with criminal records based on their current qualifications rather than past offenses. The require employers to update hiring policies and practices to align with evolving clean slate legislation.

Employers should take this time to work with their HR teams or favorite HR consultant, and ask themselves whether inquiring about criminal history is a bona fide requirement for a given role.

Expansion of Clean Slate Laws

Already 12 states, including Pennsylvania, California, and New York, have enacted clean slate laws to automatically seal certain criminal records. These laws aim to facilitate reintegration into the workforce for individuals with nonviolent criminal histories.

Clean slate laws are reshaping employment opportunities and compliance requirements across the US, aiming to integrate individuals with criminal records into the workforce more effectively.