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January 2023: Connecticut’s New Clean Slate Law Begins January 1, 2023

17 Jan


Update Applicable to:
All employers in the state of Connecticut.

What happened?
On June 10, 2021, Governor Ned Lamont signed into law Connecticut’s “Clean Slate” law, Public Act No. 21-32, which expands protections for applicants and employees with criminal records by providing for the automatic erasure of certain criminal records.

What are the details?
Effective January 1, 2023, the new law allows for the erasure of criminal convictions depending on the classification of conviction and the date on which the judgment of conviction was entered. Eligible offenses include most misdemeanors, most class D and E felonies, and most unclassified felonies with a possible prison sentence of five years or less. Specifically:

  • Any classified or unclassified misdemeanor offenses will be erased seven years from the date on which the court entered the person’s most recent judgment of conviction;
  • Any class D or E felony or unclassified felony carrying a term of imprisonment of five years or less will be erased ten years from the date on which the court entered the person’s most recent judgment of conviction;
  • Any family violence crimes and sexual offenses are ineligible for erasure.

Erasures for qualifying convictions will occur automatically for offenses occurring on or after January 1, 2000. If a person committed a misdemeanor before reaching the age of 18, such convictions will be automatically erased if the offense occurred on or after January 1, 2000, and before July 1, 2012. Other offenses can be erased by way of petition.

In some cases, for example, for education employees, inquiry into a criminal record is permissible. In those cases, the clean slate law requires notice, in clear and conspicuous language, defining erased records and informing the applicant that they are not required to disclose arrests or convictions that have been erased. Further, employers are prohibited from advertising employment opportunities in a way that discriminates against individuals with erased criminal records.

Enforcement authority rests with the Connecticut Department of Labor, the Connecticut Commission on Human Rights and Opportunities, and the Connecticut Superior Courts. Employees and applicants can file complaints about violations of this law with any of these authorities. Individuals filing civil actions may be entitled to injunctive relief, damages, and other remedies.

For more information, please see the links below:

Public Act No. 21-32

Clean Slate Facts

Article 1Article 2Article 3

What do employers need to do?
Employers should review the links provided above and ensure their employment opportunity advertisements and applications are compliant with the new law. 

Need help understanding how changes to employment laws will affect your business?

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This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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