Connecticut Clean Slate Act in Effect

Connecticut has enacted its own Clean Slate Act, which went into effect on January 1, 2023. Connecticut’s Clean Slate Act directs the development and implementation of an automatic expungement process for certain criminal records.

Keep reading to learn who is eligible for automatic expungement under the Connecticut Clean Slate Act and how it may affect background screening processes moving forward.

Who is Eligible?

The Connecticut Clean Slate Act allows the automatic removal of criminal records under specific circumstances. Automatic expungement may be eligible for:

• Misdemeanor records after seven years from the date the state court documented it.
• Felony convictions after ten years from the date the court affirmed convictions in the following circumstances:
  • Convictions for any class D or E felony
  • Unclassified felony offenses carrying a term of imprisonment of no more than five years

Individuals convicted of sexual offenses, family violence, and firearm-related crimes are not eligible for criminal record erasure under the Connecticut Clean Slate Act.

How Does Connecticut’s Clean Slate Act Affect Compliance?

The Connecticut Clean Slate Law is an expansion of the State’s Ban the Box Law, which took effect on January 1, 2017.

Connecticut’s Ban the Box Law imposes limitations on whether, and when, employers may make criminal background inquiries for hiring decisions; and it requires employers to include a prominent notice in an employment application that asks about criminal background, among other things.

As an expansion of the protections of the Ban the Box Law, the Clean Slate Act prohibits employers and hiring managers from:

• Requiring applicants to disclose the existence of expunged criminal records.
• Denying employment to applicants solely based on expunged criminal records.
• Asking about criminal history in an employment application without a clear and prominent notice:
  • Stating that the applicant is not required to disclose the existence of expunged criminal records,
  • Informing the applicant of the types of records subject to expungement, and
  • Stating that a person whose criminal records have been expunged shall be deemed to have never been arrested.
• Denying employment solely on the basis of expunged criminal records.

Learn more about the Connecticut Clean Slate Act by reviewing the information here.

The Impact on Background Screening

More qualifying records are now eligible for expungement as time passes. Although this Clean Slate Act only applies to criminal records in the State of Connecticut, it may affect out-of-state employers whose employees and candidates possess qualifying criminal records in Connecticut.

There may be delays in the screening process for candidates who reside in Connecticut, work remotely in Connecticut, and who have previously lived in Connecticut.

Other variations of clean slate laws are becoming more common across the United States. Verified Credentials continues to monitor the status of these updates and is committed to providing our clients with updates as they are available. Employers looking for more information on how this could affect them may want to consult their legal counsel.