Further Limitations Placed on Use of Criminal Records
- By Your mom
- •
- 10 Feb, 2015
Effective October 1, 2014, Connecticut further limited the rights of employers to use
criminal records in making employment decisions. Public Act 14-27 amends Conn. Gen. Stat. §
31-51i, subsections (d) and (e), which up to this point prohibited employers from denying
employment to a prospective employee, or discriminating against or discharging a current
employee, solely on the basis that the employee, or prospective employee, had a prior arrest,
criminal charge, or conviction, the records of which had been erased pursuant to section 46b-
146, 54-76o, or 54-142a. Further, employers were prohibited from considering convictions
where the employee or prospective employee received a provisional pardon pursuant to 54-130a.
For current employees, these rules applied only to arrests, criminal charges and convictions that
occurred prior to the time of employment.
The new amendment expands these protections to cover criminal convictions for which
the employee or prospective employee has received a “certificate of rehabilitation” under 54-
130a. A “certificate of rehabilitation” is defined as “a form of relief from barriers or forfeitures
to employment or the issuance of licenses, other than a provisional pardon, that is granted to an
eligible offender by (A) the Board of Pardons and Paroles … or (B) the Court Support Services
Division of the Judicial Branch….” Again, for current employees, the expanded rule only
applies to arrests, criminal charges and convictions that occurred prior to the time of
employment.
These new restrictions reflect a growing trend in Connecticut and beyond to limit the use
of criminal histories in making employment decisions.
criminal records in making employment decisions. Public Act 14-27 amends Conn. Gen. Stat. §
31-51i, subsections (d) and (e), which up to this point prohibited employers from denying
employment to a prospective employee, or discriminating against or discharging a current
employee, solely on the basis that the employee, or prospective employee, had a prior arrest,
criminal charge, or conviction, the records of which had been erased pursuant to section 46b-
146, 54-76o, or 54-142a. Further, employers were prohibited from considering convictions
where the employee or prospective employee received a provisional pardon pursuant to 54-130a.
For current employees, these rules applied only to arrests, criminal charges and convictions that
occurred prior to the time of employment.
The new amendment expands these protections to cover criminal convictions for which
the employee or prospective employee has received a “certificate of rehabilitation” under 54-
130a. A “certificate of rehabilitation” is defined as “a form of relief from barriers or forfeitures
to employment or the issuance of licenses, other than a provisional pardon, that is granted to an
eligible offender by (A) the Board of Pardons and Paroles … or (B) the Court Support Services
Division of the Judicial Branch….” Again, for current employees, the expanded rule only
applies to arrests, criminal charges and convictions that occurred prior to the time of
employment.
These new restrictions reflect a growing trend in Connecticut and beyond to limit the use
of criminal histories in making employment decisions.
