Connecticut Amends Legislation Related to Erased Criminal History Record Information

Connecticut recently amended legislation regarding criminal background checks and employer use of expunged criminal records. Specifically, SB No. 10109 prohibits employers from discriminating based on erased criminal record information. Previous legislation already prohibited employers from:

• requiring an employee or prospective employee to disclose the existence of any arrest, criminal charge or conviction which have been erased and from
• denying employment to a prospective employee “solely on the basis of a prior arrest, criminal charge or conviction, that has been erased.”

The amendments redefine the term to “erased criminal history record information” and provide further clarification as to what is considered erased criminal history record information.

As of January 1, 2023, it will be illegal for employers1 to discriminate against someone in compensation or in terms, conditions or privileges of employment on the basis of that person's erased criminal history record information. Furthermore, it is considered discriminatory practice “to advertise employment opportunities in such a manner as to restrict such employment so as to discriminate against persons on the basis of their erased criminal history record information.”

An employee or prospective employee that believes a violation has occurred can file a complaint with the Labor Commissioner, file a complaint with the Commission on Human rights and Opportunities or bring an action in the Connecticut Superior Court against the employer seeking relief and/or damages.

Other components of the law provide a blueprint for what type of convictions are eligible for pardon and outline required training for members of the Board of Pardons and Paroles.

1 Employer also includes employer’s agent, an employment agency, or a labor organization