If you have a criminal conviction in your past, it no doubt has come up on job applications and during interviews. A conviction on your record can haunt you for years, even if the crime was not serious. Thankfully, Connecticut now has a law that makes it easier for people with criminal histories to pursue and to maintain employment.
The Clean Slate law, which took effect January 1, 2023, provides for the automatic erasing of certain criminal records. This prevents employers from discovering and making decisions based on a job applicant’s criminal history. Further, the law prohibits employers from paying people less or placing restrictions on a person’s employment based on any criminal record that has been erased.
Generally, misdemeanors and low-level felonies are eligible for automatic erasure. The following are covered by the law:
Convictions for class D or E felonies that occurred on or after January 1, 2000 are automatically erased after 10 years.
Convictions for unclassified felonies with prison terms of five years or less are automatically erased after 10 years.
Convictions for classified or unclassified misdemeanors that occurred on or after January 1, 2000 are automatically erased seven years from the date of the most recent conviction.
Records of misdemeanors committed between 2000 and 2012 by someone under age 18 are automatically erased. Such offenses committed before 2000 can be erased by petitioning the court.
After your convictions have been erased, you are allowed to truthfully say that you have no criminal convictions. You are also allowed to say that you have never been arrested. Moreover, if a job application form asks about your criminal history, it must provide a clear notice that you are not required to disclose any criminal history that has been erased.
The Clean Slate Law also protects current employees, not just job applicants. Your employer cannot fire you or discriminate against you if they find out you have a criminal record that has been erased.
If you believe an employer has violated the Clean Slate Law, you have the right to file a complaint with the Connecticut Department of Labor or the Connecticut Commission on Human Rights and Opportunities. You also may be able file a lawsuit in state court seeking money damages. Where you should file depends on the specific circumstances. An experienced employment law attorney can guide you down the right path.
At Gesmonde, Pietrosimone & Sgrignari, L.L.C. in our Hamden and East Haven, we are available to advise you of your rights under the Clean Slate Law and to help you pursue legal claims if your rights have been violated. Please call 203-745-0942 or contact us online to talk to a lawyer about how the new law protects you.
Gesmonde, Pietrosimone & Sgrignari, L.L.C. is located in Hamden, CT and serves clients in and around North Haven, Hamden, Waterbury, Bethany, Milford, Wallingford, Prospect, Woodbridge, Northford, Madison, Beacon Falls, Branford, Cheshire, North Branford, East Haven, Naugatuck, Meriden, Ansonia and New Haven County.
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