Employment Fairness Act for Returning Citizens in Prince George’s County, MD
The Prince George's Employment Fairness Act for Returning Citizens is a new law in Prince George's County, Maryland, designed to provide fair...
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California has been actively introducing bills for automatic consideration of relief and dismissals of certain categories of arrest records and convictions by the Department of Justice. Here’s what California SB 731 is and how it may potentially impact the background screening process.
California Senate Bill 731 is an expansion of the California Clean Slate Law that is already in effect. The law is designed to provide further post-conviction relief and arrest dismissal for those who qualify. Here are a few of the highlights of the bill:
“On a monthly basis, the department shall electronically submit a notice to the superior court having jurisdiction over the criminal case, informing the court of all cases for which a complaint was filed in that jurisdiction and for which relief was granted pursuant to this section.”
“On a monthly basis, the Department of Justice shall review the records in the statewide criminal justice databases, and based on information in the state summary criminal history repository and the Supervised Release File, shall identify persons with convictions that meet [certain] criteria . . . and are eligible for automatic conviction record relief.”
To learn more about SB 731 in detail, take a closer look here.
The following are just some of situations that may qualify for arrest dismissals under SB 731:
What does this mean for background checks? We may see an increase in the number of cases eligible for expungement relief under this expansion.
Californians for Safety and Justice estimates that a minimum of 225,000 Californians will see their prior convictions automatically sealed, with over a million individuals becoming eligible to initiate the petition process before a judge. However, the review and processing of the cases under the monthly audit conducted by the California Department of Justice may take several years to complete.
California’s SB 731 only directly impacts eligible records in the State of California. However, out-of-state employers could still potentially be affected if they seek records from the State of California. Additionally, these laws are becoming more common across states. Employers looking for more information on how this could affect them may want to consult their attorney.
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