Colorado Gov. Jared Polis has signed the Clean Slate Act into law, allowing for arrest records that don't result in a conviction and certain older criminal records to be automatically sealed. Colorado is the seventh state to pass a clean slate law, joining Connecticut, Delaware, Michigan, Oklahoma, Pennsylvania and Utah.
Clean slate laws are getting broad bipartisan political, business and community support, partly because of the severe staffing shortages being reported by employers.
We've gathered articles on the news from SHRM Online and other outlets.
Colorado's Law
Under the new law, records would be automatically sealed after a set amount of time, so long as the person has not committed any new offenses.
Civil infractions would be eligible for sealing after four years have passed since the final disposition; petty offense or misdemeanor records after seven years; and felonies after 10 years have passed since the final disposition or release from jail, whichever comes later. Violent crimes, such as murder, assault, sexual assault and robbery, will not be eligible for sealing.
Patchwork of State and Local Laws Grows in 2022
Numerous cities, counties and states continue to pass laws limiting the information that can be obtained by employers during the pre-employment screening process.
SHRM Finds Increasing Support for Hiring People with Criminal Records
Recent research from the Society for Human Resource Management (SHRM) found that people in the U.S. embrace the idea of second chances and would be proud to work for an employer—and would patronize a business—that hires people who have a criminal record or who have been incarcerated.
Do Employers Rely on Background Checks Too Much?
Most background checks in the U.S. run smoothly and effectively, in compliance with the federal Fair Credit Reporting Act. However, a worrying minority of cases show not only gaps in the system but also egregious examples of either abuse or poor oversight. It's also clear that background checks are not a failsafe and should be only one element of staffing security.
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