Using Criminal History Records to Make Personnel Decisions

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "Using Criminal History Records to Make Personnel Decisions"

Transcription

1 Using Criminal History Records to Make Personnel Decisions TASPA/TAEE 2014 Winter Conference December 11, 2014 Amber K. King Thompson & Horton LLP 3200 Southwest Freeway, Suite 2000 Houston, Texas

2 TEXAS LAW BASICS Texas Government Code Allows school districts to obtain criminal history records from the Texas DPS regarding employees, volunteers, and others.

3 Texas Education Code & School districts shall obtain criminal history information on certain employees and other individuals School districts shall obtain criminal history information on a volunteer Criminal history information is confidential.

4 Texas Educ. Code Prohibits employment of individuals who have been convicted of (i) a Title V felony under the Penal Code; (ii) an offense that requires registration as a sex offender; or (iii) or an equivalent offense under the laws of another state or federal law AND the victim was under 18 or was enrolled in public school.

5 Title V describes crimes against the person (e.g., homicide, assault, sexual assault, kidnapping) This automatic exclusion does not apply if the offense is older than 30 years and the individual has completed all court requirements

6 EEOC GUIDANCE In April 2012, the EEOC released enforcement guidance The Consideration of Arrest and Conviction Records in Employment Decisions under Title VII of the Civil Rights Act of 1964

7 Consolidates and updates previous EEOC guidance documents regarding use of criminal history information. Available at

8 EEOC GUIDANCE IN A NUTSHELL National data related to arrest and convictions rates demonstrates that African-Americans and Hispanics are arrested and convicted at rates that are disproportionate to their representation in the general population. Consequently, excluding job applicants on the basis of their criminal history can cause a disparate impact on minorities and, under certain circumstances, may constitute illegal discrimination under Title VII.

9 REASONS FOR THE UPDATED GUIDANCE Continuing concern about discrimination and stereotyping about criminality Continuing concern about the creation of a permanent underclass of unemployable people

10 Criminal history information is more widely available than ever before

11 WHAT DOES THE GUIDANCE TELL US? An employment policy that prohibits hiring applicants because of their criminal history may have a disparate impact based on race and national origin. Such policies may violate Title VII of the Civil Rights Act of Applicants may not be excluded from employment simply because they have a criminal record (i.e., eliminates per se exclusions). Instead, exclusions must be jobrelated and consistent with business necessity.

12 According to the Guidance, when an applicant has a criminal history, the preferred practice is to engage in an individualized assessment of the individual s suitability for employment.

13 DISPARATE IMPACT VERSUS DISPARATE TREATMENT Disparate treatment The employer treats criminal history information differently for different applicants based on their race or national origin Example An African-American applicant with an assault conviction is excluded, but a white applicant with the same offense is hired

14 Disparate impact The employer s policy is facially neutral but disproportionately screens out a Title VII-protected group. Example school refuses to hire any custodians who have any felony convictions. Such policies are unlawful unless job-related and consistent with business necessity.

15 GUIDANCE COMPLIANCE Job Relatedness is the Key If an employer has a policy related to an applicant s / employee s criminal history, the employer must be able to prove that the policy is job-related for the position in question and consistent with business necessity.

16 Arrests The fact of an arrest does not establish that criminal conduct has occurred. An exclusion based solely on an arrest is not job related and consistent with business necessity. But an employer may make an employment decision based on the conduct underlying the arrest if the conduct makes the individual unfit for the position in question.

17 Recent Arrests/Pending Charges Example: Andrew, an assistant principal, is arrested for inappropriately touching girls. He is placed on leave pending an investigation. The school interviews the girls. The school believes the girls, not Andrew, and he is terminated. Is this proper?

18 Yes. The termination is proper because the decision is made based on descriptions of the underlying conduct, not the fact of the arrest.

19 Query How do we investigate the facts underlying an arrest? What if the arrest occurred out of state? What if the applicant has numerous arrests? Does that say something relevant about the applicant? What if the applicant is arrested on a serious charge but takes a plea bargain on a lesser offense (e.g., a sex offense is reduced to an assault)?

20 How Can We Learn More About an Arrest or Dismissed Charge?

21 Sources of Information The applicant/employee DPS web site County/court specific records Look up cause numbers Retrieve indictments and probable cause affidavits Westlaw/Lexis Interviews with people Newspaper articles regarding criminal cases

22 Convictions Blanket exclusions are not jobrelated nor consistent with business necessity. EEOC cautions that some criminal history records are not up-to-date and may be inaccurate.

23 EEOC is concerned about a criminal record being attributed to the wrong person (e.g., data entry error or identity theft). The employer must show that the hiring policy operates to effectively link specific criminal conduct and its dangers with the risks inherent in the duties of a particular position.

24 Establishing Job Relatedness: Targeted Screens / Individualized Assessments Evaluation of the so-called Green factors (nature of the crime, time elapsed, nature of the job). Opportunity for the applicant to demonstrate why the exclusion should not apply to him/her.

25 Green Factors: Nature of the Crime Felony versus misdemeanor Nature of the harm caused (e.g., harm to a person versus harm to property; harm to a child versus harm to an adult) Legal elements of the offense (Penal Code)

26 Green Factors: Time Elapsed Since the Offense Whether the duration of an exclusion will be sufficiently tailored to satisfy the business necessity standard will depend on the particular facts and circumstances of each case.

27 Green Factors: Nature of the Job Actual day-to-day duties and essential functions Level of supervision and oversight Interaction with coworkers and vulnerable individuals (alone with children?) Work environment (office, warehouse, school bus, outdoors, etc.)

28 Recidivism Relevant information may also include studies demonstrating how much the risk of recidivism declines over a specified time. The recidivism rate is a measurement of the rate at which offenders commit new crimes, either by arrest or conviction baselines, after being punished.

29 Likelihood of recidivism is affected by many variables e.g., type of offense, age at sentencing, age at release, level of education, marital status. In Texas, 40 percent of offenders with substance abuse felonies recidivated within three years of being released from custody. Source: Texas Legislative Budget Board, Statewide Criminal Justice Recidivism & Revocation Rates (Jan. 2011)

30 Nationally, offenders with the highest re-arrest rates were robbers, burglars, larcenists, car thieves, those convicted of possessing or selling stolen property, and those convicted for possession or sale of illegal weapons. Source: U.S. Bureau of Justice Statistics (June 2002)

31 In general, the younger the offender at the time of sentencing, the more likely the offender will recidivate. Under age percent Over age percent Source: U.S. Sentencing Commission (2004)

32 Sex offenders are four times more likely to be rearrested for a sex crime as compared to non-sex offenders released from prison. Most sex offenders have been arrested several times for different crimes before going to prison. The more prior arrests, the greater the likelihood of being rearrested for another sex crime after prison Source: U.S. Bureau of Justice Statistics (2003)

33 Recidivism data is not available for all offenses Recidivism studies often focus on criminal conduct occurring one, two, and three years after punishment. What is the rate of recidivism after 10 or 20 or 30 years?

34 Permissible Targeted Exclusion An employer policy or practice of excluding individuals from particular positions for specified criminal conduct within a defined time period, as guided by the Green factors, is a targeted exclusion.

35 When there is a tight nexus between a particular offense and a particular job, Title VII does not necessarily require an individualized assessment However, the Guidance states, the use of individualized assessments can help employers avoid Title VII liability.

36 Be prepared to explain and defend any targeted exclusions. Be prepared to explain and support the length of each exclusionary period.

37 Individualized Assessment EEOC recommends an individualized assessment before making a final employment decision. Give the applicant notice that she/he has been excluded. Give the applicant an opportunity to provide additional information or to explain why she/he should not be excluded.

38 Evaluate whether applying the exclusion to this applicant is job related and consistent with business necessity If the individual does not respond, the employer may make its decision without the individual s additional information

39 Individualized Assessment Factors Facts or circumstances of the offense or conduct Number of offenses Age at the time of conviction Work record since the conviction Length and consistency of employment history before and after the offense

40 Rehabilitation efforts - education and training since the conviction Employment or character references Whether the individual is bonded

41 Statutory Exclusions Does the EEOC Guidance affect compliance with mandatory statutes? According to the Guidance, complying with a federal law criminal history standard is a defense to a discrimination charge. However, according to the Guidance, complying with a state law criminal history standard is not necessarily a defense to a discrimination charge.

42 PRACTICAL ADVICE: Continue to follow the state law requirements that mandate that individuals with certain criminal convictions cannot be hired. If challenged, be prepared to argue and show that state requirements are job related and consistent with business necessity.

43 When to Ask for Criminal History Information EEOC recommends that employers not ask about criminal history on job applications. May school districts ask about criminal history on a job application, or should they wait until later?

44 CONCERNS ABOUT THE GUIDANCE Discourages per se policies that automatically disqualify individuals with certain convictions. Conflicts with state laws that require automatic disqualification of certain offenses.

45 Disallows reliance on arrests without individualized assessment of the underlying facts of the arrest; however, information regarding the underlying arrest is seldom available. Improperly expands Title VII by creating a new protected class of criminal offenders.

46 RESPONSE TO THE GUIDANCE July 2013 Eight state Attorneys General submitted a joint letter to the EEOC Commissioners asking for modification of the Guidance. November 2013 Texas Attorney General Abbott sued the EEOC. August 2014 Court dismissed AG s lawsuit against EEOC on jurisdictional grounds. August 2013 State filed an appeal with the Fifth Circuit.

47 BOTTOM LINE The Guidance does not prohibit asking for criminal history on a job application. However, the application should make clear that disclosure of criminal history information will not automatically preclude employment. The application should invite the applicant to provide explanatory information.

48 Do not share applicants criminal history information with the hiring authority. Provide training to hiring managers so that they will understand the restrictions on use of criminal history information.

49 EMPLOYMENT DECISIONS As a result of the Guidance, all must be much more regimented in evaluating criminal history information. Written standards must be position-specific and offensespecific.

50 In determining job-relatedness, focus on duties and work environment, not job titles. Examples of job-specific categories: Positions with cash handling or financial responsibilities Positions that require driving a motor vehicle Positions that require working with minors

51 Positions with security responsibilities (campus peace officer, security guard) Some categories may overlap (for example, a peace officer holds a security-sensitive position and drives a motor vehicle), in which case the more rigorous standard would apply

52 Identify the criminal offenses that are related to each job or job category. Examples: A DWI conviction would be related to a job that requires driving A theft conviction would be related to a job that requires the handling of money

53 Determine whether certain offenses will result in disqualification for certain positions ( tight nexus required). Determine the length of the disqualification period. Consider available research and data on recidivism rates for particular offenses.

54 Develop guidelines and forms for the individual assessment process. Preserve policy research and any written justification for particular standards.

55 TRAINING It is essential to provide training to all personnel who will be handling criminal history information Do not share criminal history information with the hiring authority/campus

56 RECORD KEEPING Store records separately from regular personnel file. Comply with EEOC records retention requirements. See 29 CFR , , requiring retention of hiring records for at least two years.

57 FINAL THOUGHTS Review and update policies (DBAA) and administrative regulations. Reconsider broad exclusions (e.g. and criminal offense in last 5 years). Consider what to do with pending charges. Properly document applicants opportunity to provide explanatory information.

58 Have a consistent rule regarding how you treat applicants who misrepresent information about their criminal history. Appropriately communicate to an applicant who is disqualified due to his/her criminal background. Periodically review whether selection practices are having a disparate impact on a particular group This will require maintaining data

59 Thank you! Amber K. King Thompson & Horton LLP 3200 Southwest Freeway, Suite 2000 Houston, Texas (713) December 2014 Thompson & Horton LLP

GUIDE TO CRIMINAL BACKGROUND CHECKS IN EMPLOYMENT

GUIDE TO CRIMINAL BACKGROUND CHECKS IN EMPLOYMENT GUIDE TO CRIMINAL BACKGROUND CHECKS IN EMPLOYMENT Philadelphia LawWorks, a project of Philadelphia VIP, contributes to Philadelphia s economic development by ensuring that homeowners, nonprofits and small

More information

Employment Screening and Criminal Records: Pitfalls and Best Practices

Employment Screening and Criminal Records: Pitfalls and Best Practices Employment Screening and Criminal Records: Pitfalls and Best Practices Tanisha Wilburn Senior Attorney Advisor U.S. Equal Employment Opportunity Commission December 4, 2013 2 BACKGROUND April 25, 2012

More information

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Charlotte District Office 129 West Trade Street, Suite 400 Charlotte, NC 28202 Intake Information Group: 800-669-4000 Intake Information Group TTY: 800-669-6820

More information

Use of Criminal Background Checks and Consumer Credit Reports In Employment Decisions

Use of Criminal Background Checks and Consumer Credit Reports In Employment Decisions Use of Criminal Background Checks and Consumer Credit Reports In Employment Decisions As information regarding criminal background becomes readily available on the internet, more employers are using criminal

More information

What you don t know can hurt you.

What you don t know can hurt you. What you don t know can hurt you. Why you need a defense lawyer if you are charged with a misdemeanor. A misdemeanor conviction is SERIOUS A misdemeanor is not a minor crime. If you are convicted of a

More information

Background Checks: Who, What, Where, When, Why, and How

Background Checks: Who, What, Where, When, Why, and How Background Checks: Who, What, Where, When, Why, and How Ethan M. Dennis 215.640.8427 edennis@clarkhill.com Stephanie K. Rawitt 215.640.8515 srawitt@clarkhill.com FIVE W S AND ONE H OF BACKGROUND CHECKS

More information

Criminal Background Checks. Sources of Law

Criminal Background Checks. Sources of Law Criminal Background Checks Attorney Michael J. Westcott Axley Brynelson, LLP mwestcott@axley.com 608.283.6722 www.axley.com Sources of Law Federal law Title VII of the Civil Rights Act of 1964 U.S. Equal

More information

Criminals; Rehabilitation CHAPTER 364 CRIMINAL OFFENDERS; REHABILITATION

Criminals; Rehabilitation CHAPTER 364 CRIMINAL OFFENDERS; REHABILITATION 1 MINNESOTA STATUTES 2013 364.02 Criminals; Rehabilitation CHAPTER 364 CRIMINAL OFFENDERS; REHABILITATION 364.01 POLICY. 364.02 DEFINITIONS. 364.021 PUBLIC AND PRIVATE EMPLOYMENT; CONSIDERATION OF CRIMINAL

More information

Using Arrest, Conviction, and Misdemeanor Information in the Hiring Process

Using Arrest, Conviction, and Misdemeanor Information in the Hiring Process Summary It is a common belief that the Equal Employment Opportunity Commission (EEOC) prohibits the use of arrest and misdemeanor information in the hiring process. As is discussed below, this is not the

More information

2010 REVISIONS TO GEORGIA SEX OFFENDER LAW: A SUMMARY OF KEY PROVISIONS OF HB 571 FOR MEMBERS OF THE WHITAKER V. PERDUE CLASS

2010 REVISIONS TO GEORGIA SEX OFFENDER LAW: A SUMMARY OF KEY PROVISIONS OF HB 571 FOR MEMBERS OF THE WHITAKER V. PERDUE CLASS 2010 REVISIONS TO GEORGIA SEX OFFENDER LAW: A SUMMARY OF KEY PROVISIONS OF HB 571 FOR MEMBERS OF THE WHITAKER V. PERDUE CLASS House Bill 571 made significant changes to Georgia law governing persons on

More information

California Judges Association OPINION NO. 56. (Issued: August 29, 2006)

California Judges Association OPINION NO. 56. (Issued: August 29, 2006) California Judges Association OPINION NO. 56 (Issued: August 29, 2006) ETHICAL CONSIDERATIONS WHEN A JUDGE OR A MEMBER OF A JUDGE S FAMILY HAS BEEN ARRESTED OR IS BEING PROSECUTED FOR CRIMINAL ACTIVITY

More information

Chapter 813. Driving Under the Influence of Intoxicants 2013 EDITION. Title 59 Page 307 (2013 Edition)

Chapter 813. Driving Under the Influence of Intoxicants 2013 EDITION. Title 59 Page 307 (2013 Edition) Chapter 813 2013 EDITION Driving Under the Influence of Intoxicants GENERAL PROVISIONS 813.010 Driving under the influence of intoxicants; penalty 813.011 Felony driving under the influence of intoxicants;

More information

University of Wisconsin Colleges and University of Wisconsin-Extension Criminal Background Check Policy

University of Wisconsin Colleges and University of Wisconsin-Extension Criminal Background Check Policy Purpose University of Wisconsin Colleges and University of Wisconsin-Extension Criminal Background Check Policy To provide a safe and secure environment for the employees, students, partners and clients

More information

Criminal Justice System Commonly Used Terms & Definitions

Criminal Justice System Commonly Used Terms & Definitions Criminal Justice System Commonly Used Terms & Definitions A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Accused: Acquittal: Adjudication: Admissible Evidence: Affidavit: Alford Doctrine: Appeal:

More information

First Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED SENATE SPONSORSHIP

First Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED SENATE SPONSORSHIP First Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 1-0.01 Michael Dohr x HOUSE BILL 1-1 HOUSE SPONSORSHIP Lebsock and Tate, (None), SENATE SPONSORSHIP House Committees

More information

A Guide to Employer Liability in Maryland: Principles of Agency and Negligent Hiring

A Guide to Employer Liability in Maryland: Principles of Agency and Negligent Hiring A Guide to Employer Liability in Maryland: Principles of Agency and Negligent Hiring Prepared by the Job Opportunities Task Force and the Homeless Person s Representation Project For more information,

More information

PROBATION LENGTH AND CONDITIONS IN KANSAS

PROBATION LENGTH AND CONDITIONS IN KANSAS kslegres@klrd.ks.gov 68-West Statehouse, 300 SW 10th Ave. Topeka, Kansas 66612-1504 (785) 296-3181 FAX (785) 296-3824 http://www.kslegislature.org/klrd January 27, 2015 To: From: Re: House Committee on

More information

Pierce County. Drug Court. Established September 2004

Pierce County. Drug Court. Established September 2004 Pierce County Drug Court Established September 2004 Policies and Procedures Updated September 2013 TABLE OF CONTENTS I. Drug Court Team II. Mission Statement III. The Drug Court Model IV. Target Population

More information

3354:1-44-01.1 Pre-Employment Background Check and Drug Screening Procedure 1

3354:1-44-01.1 Pre-Employment Background Check and Drug Screening Procedure 1 3354:1-44-01.1 Pre-Employment Background Check and Drug Screening Procedure 1 (A) Introduction (1) The College provides this procedure to insure the fair and consistent utilization of background checks

More information

LANCASTER COUNTY ADULT DRUG COURT

LANCASTER COUNTY ADULT DRUG COURT LANCASTER COUNTY ADULT DRUG COURT Administered by the Lancaster County Department of Community Corrections Judicial Oversight by the Lancaster County District Court www.lancaster.ne.gov keyword: drug court

More information

NEW HAMPSHIRE E SCHOOL BOARDS ASSOCIATION Theodore E. Comstock, Executive Director Barrett M. Christina, Staff Attorney 603-228-2061 www.nhsba.

NEW HAMPSHIRE E SCHOOL BOARDS ASSOCIATION Theodore E. Comstock, Executive Director Barrett M. Christina, Staff Attorney 603-228-2061 www.nhsba. NEW HAMPSHIRE E SCHOOL BOARDS ASSOCIATION Theodore E. Comstock, Executive Director Barrett M. Christina, Staff Attorney 603-228-2061 www.nhsba.org Investigating Allegations of Employee Misconduct October

More information

Chapter 938 of the Wisconsin statutes is entitled the Juvenile Justice Code.

Chapter 938 of the Wisconsin statutes is entitled the Juvenile Justice Code. Juvenile Justice in Wisconsin by Christina Carmichael Fiscal Analyst Wisconsin Chapter 938 of the Wisconsin statutes is entitled the Juvenile Justice Code. Statute 938.1 of the chapter states that it is

More information

Criminal History Background Checks for Employment and Promotion

Criminal History Background Checks for Employment and Promotion Policies Criminal History Background Checks for and Promotion Definitions Security sensitive areas are all of the physical locations at the utmbhealth (UTMB) designated by the President or his designee.

More information

Ban the Box. Betsey Lund, Attorney at Law Neils, Franz, Chirhart, P.A. www.nfclaw.com

Ban the Box. Betsey Lund, Attorney at Law Neils, Franz, Chirhart, P.A. www.nfclaw.com Ban the Box 2013 Minnesota Employment Law Update Betsey Lund, Attorney at Law Neils, Franz, Chirhart, P.A. www.nfclaw.com Sponsored by Central MN Society of Human Resource Management (CMSHRM) November

More information

Background Screening Results: Hiring Decisions and Compliance Considerations

Background Screening Results: Hiring Decisions and Compliance Considerations Background Screening Results: Hiring Decisions and Compliance Considerations A white paper on how to use arrest, conviction, and misdemeanor information in the selection process. Background Screening Results:

More information

Background Checks for College Employees

Background Checks for College Employees Background Checks for College Employees Policy/Procedure A. Purpose To provide guidelines for conducting background checks for employees. B. General Policy 1. Scope. A college background check is required

More information

How to Apply for a Pardon. State of California. Office of the Governor

How to Apply for a Pardon. State of California. Office of the Governor How to Apply for a Pardon State of California Office of the Governor Statement of Philosophy A California Governor's pardon is an honor traditionally granted only to individuals who have demonstrated exemplary

More information

Restoration of Civil Rights. Helping People regain their Civil Liberties

Restoration of Civil Rights. Helping People regain their Civil Liberties Restoration of Civil Rights Helping People regain their Civil Liberties Consequences of a Felony Food Stamps and social security benefits: People convicted of a felony for possession or sell of controlled

More information

TEXAS SAFE SCHOOLS ACT

TEXAS SAFE SCHOOLS ACT TEXAS SAFE SCHOOLS ACT Your Rights and Responsibilities 2007-2009 UPDATE Texas AFT www.texasaft.org July 2009 Dear Colleague, Seventeen years ago, Texas AFT launched its campaign for a Safe Schools Act

More information

Filing Fee $117.00. Instructions for Sealing a Criminal Record

Filing Fee $117.00. Instructions for Sealing a Criminal Record Filing Fee $117.00 Instructions for Sealing a Criminal Record Effective 1-1-2015 This packet is to be used to assist you in filing an application to seal your criminal record. * * * * * * * * * * * * *

More information

The Legal System in the United States

The Legal System in the United States The Legal System in the United States At the conclusion of this chapter, students will be able to: 1. Understand how the legal system works; 2. Explain why laws are necessary; 3. Discuss how cases proceed

More information

Consequences of Convictions for Sex Crimes

Consequences of Convictions for Sex Crimes Consequences of Convictions for Sex Crimes Sex Offender Registration Act, Sex Offender Commitment Act, Lifetime Supervision for Sex Offenders SORA 29 Chapter 40 1 Sex Offender Registration Act (SORA):

More information

DEPARTMENT OF CORRECTIONS

DEPARTMENT OF CORRECTIONS DEPARTMENT OF CORRECTIONS Public Safety/Executive Agency FY14 Headcount: 11,007 http://www2.illinois.gov/idoc/pages/default.aspx Summary of Agency Operations The Department of Corrections (DOC) operates

More information

NEW YORK. New York Executive Law 296 Human Rights Law Unlawful discriminatory practices

NEW YORK. New York Executive Law 296 Human Rights Law Unlawful discriminatory practices NEW YORK New York Executive Law 296 Human Rights Law Unlawful discriminatory practices 15. It shall be an unlawful discriminatory practice for any person, agency, bureau, corporation or association, including

More information

UNDERSTANDING THE CRIMINAL JUSTICE SYSTEM Anne Benson

UNDERSTANDING THE CRIMINAL JUSTICE SYSTEM Anne Benson UNDERSTANDING THE CRIMINAL JUSTICE SYSTEM Anne Benson What is the Criminal Justice System? The criminal justice system is the system we have in the United States for addressing situations where it is believed

More information

Decades of Successful Sex Crimes Defense Contact the Innocence Legal Team Now

Decades of Successful Sex Crimes Defense Contact the Innocence Legal Team Now Criminal Court Felonies The U.S. has the highest rate of felony conviction and imprisonment of any industrialized nation. A felony crime is more serious than a misdemeanor, but the same offense can be

More information

WHAT IS SEALING OF A RECORD?

WHAT IS SEALING OF A RECORD? WHAT IS SEALING OF A RECORD? It is the Court process that allows you to have any and all official records of your prior criminal conviction or dismissal sealed. Once a record is sealed, nothing will show

More information

Updated Guidance on Sex Offender and Criminal Background Checks

Updated Guidance on Sex Offender and Criminal Background Checks Subject: Updated Guidance on Sex Offender and Criminal Background Checks Date: Updated February 2013 The purpose of this advisory is to update and explain Habitat for Humanity International (HFHI) policy

More information

Employers Guide to Best Practices. For Use of Background Checks in Employment Decisions. Copyright 2010 Lawyers Committee for Civil Rights Under Law

Employers Guide to Best Practices. For Use of Background Checks in Employment Decisions. Copyright 2010 Lawyers Committee for Civil Rights Under Law Employers Guide to Best Practices For Use of Background Checks in Employment Decisions A 2010 poll of the Society of Human Resource Management shows that approximately 60 percent of employers use credit

More information

DISQUALIFICATIONS. What is a disqualification?

DISQUALIFICATIONS. What is a disqualification? DISQUALIFICATIONS As part of licensing you for childcare, our agency must conduct background study on you and anyone age 13 or older, living in your home or working with the children in care. We will give

More information

Responsible for prosecuting all criminal and traffic cases within Mecklenburg County

Responsible for prosecuting all criminal and traffic cases within Mecklenburg County Memo from District Attorney Andrew Murray on Impacts Related to Reductions or Elimination of City funded services to the District Attorney s Office and Court System At the May 13, 2015 Budget Adjustments

More information

Background Check Policy

Background Check Policy Dartmouth College Employment Policies and Procedures Manual Policy Effective Date: August 1, 2012 Background Check Policy I. POLICY STATEMENT Dartmouth College ( Dartmouth ) is committed to ensuring that

More information

HOW A TYPICAL CRIMINAL CASE IS PROSECUTED IN ALASKA

HOW A TYPICAL CRIMINAL CASE IS PROSECUTED IN ALASKA HOW A TYPICAL CRIMINAL CASE IS PROSECUTED IN ALASKA The Office of Victims Rights receives many inquiries from victims about how a criminal case in Alaska is investigated by police and then prosecuted by

More information

EEOC Enforcement Guidance Consideration of Arrest and Conviction Records in Employment Decisions April 2012

EEOC Enforcement Guidance Consideration of Arrest and Conviction Records in Employment Decisions April 2012 EEOC Enforcement Guidance Consideration of Arrest and Conviction Records in Employment Decisions April 2012 The following examples are provided by the Equal Employment Opportunity Commission (EEOC) in

More information

COLLATERAL CONSEQUENCES OF JUVENILE ADJUDICATIONS OF DELINQUENCY

COLLATERAL CONSEQUENCES OF JUVENILE ADJUDICATIONS OF DELINQUENCY COLLATERAL CONSEQUENCES OF JUVENILE ADJUDICATIONS OF DELINQUENCY This document is meant to provide general information about the collateral consequences of juvenile adjudications. This document is not

More information

Youth and the Law. Presented by The Crime Prevention Unit

Youth and the Law. Presented by The Crime Prevention Unit Youth and the Law Presented by The Crime Prevention Unit Objectives Explaining the juvenile justice system and the differences between it and the adult system. Discussing juveniles rights and responsibilities

More information

Vermont Legislative Council

Vermont Legislative Council Vermont Legislative Council 115 State Street Montpelier, VT 05633-5301 (802) 828-2231 Fax: (802) 828-2424 MEMORANDUM To: From: House Judiciary Committee Erik FitzPatrick Date: February 19, 2015 Subject:

More information

MISSISSIPPI IDENTITY THEFT RANKING BY STATE: Rank 32, 57.3 Complaints Per 100,000 Population, 1673 Complaints (2007) Updated December 21, 2008

MISSISSIPPI IDENTITY THEFT RANKING BY STATE: Rank 32, 57.3 Complaints Per 100,000 Population, 1673 Complaints (2007) Updated December 21, 2008 MISSISSIPPI IDENTITY THEFT RANKING BY STATE: Rank 32, 57.3 Complaints Per 100,000 Population, 1673 Complaints (2007) Updated December 21, 2008 Current Laws: A person shall not obtain or attempt to obtain

More information

Senate Bill No. 86 Committee on Transportation and Homeland Security

Senate Bill No. 86 Committee on Transportation and Homeland Security Senate Bill No. 86 Committee on Transportation and Homeland Security CHAPTER... AN ACT relating to offenses; providing that counseling and evaluations required for certain offenses may be conducted in

More information

YOUR RIGHT TO EXPUNGE OR SEAL CRIMINAL RECORDS

YOUR RIGHT TO EXPUNGE OR SEAL CRIMINAL RECORDS YOUR RIGHT TO EXPUNGE OR SEAL CRIMINAL RECORDS Your criminal record can cause many problems in obtaining employment, professional licensing or funding for college. Effective January 1, 2004, people with

More information

Job Applicants with Criminal Records

Job Applicants with Criminal Records Job Applicants with Criminal Records What Every Employer Needs to Know The Council on Crime and Justice, a Minnesota nonprofit organization, offers this guidebook to help employers better understand the

More information

Do You Have A Criminal Conviction History? A GUIDE TO YOUR EMPLOYMENT RIGHTS IN NEW YORK

Do You Have A Criminal Conviction History? A GUIDE TO YOUR EMPLOYMENT RIGHTS IN NEW YORK Do You Have A Criminal Conviction History? A GUIDE TO YOUR EMPLOYMENT RIGHTS IN NEW YORK Introduction Searching for the right job can be difficult. It can be harder if you have a criminal conviction history,

More information

20-28.3. Seizure, impoundment, forfeiture of motor vehicles for offenses involving impaired driving while license revoked or without license and insurance, and for felony speeding to elude arrest. (a)

More information

Introduction. 1 P age

Introduction. 1 P age Introduction The New York City criminal justice system is made up of many different agencies and organizations. These include the independent judiciary, the five elected District Attorneys and the Special

More information

KENTUCKY VICTIMS RIGHTS LAWS1

KENTUCKY VICTIMS RIGHTS LAWS1 CONSTITUTION STATUTES KENTUCKY VICTIMS RIGHTS LAWS1 Kentucky does not have a victims' rights amendment to its constitution. Title XXXVIII, Witnesses, Evidence, Notaries, Commissioners of Foreign Deeds,

More information

PENALTIES AND FINES FOR ALCOHOL AND DRUG RELATED DRIVING OFFENSES IN NEW YORK STATE

PENALTIES AND FINES FOR ALCOHOL AND DRUG RELATED DRIVING OFFENSES IN NEW YORK STATE PENALTIES AND FINES FOR ALCOHOL AND DRUG RELATED DRIVING OFFENSES IN NEW YORK STATE Offense Mandatory Fine Maximum Jail Term Mandatory Action Against Your License DRIVING WHILE INTOXICATED OR WHILE ABILITY

More information

Colorado Legislative Council Staff

Colorado Legislative Council Staff Colorado Legislative Council Staff Room 029 State Capitol, Denver, CO 80203-1784 (303) 866-3521 FAX: 866-3855 TDD: 866-3472 MEMORANDUM October 9, 2012 TO: Interested Persons FROM: Hillary Smith, Research

More information

18 Questions and Answers for Advising Potential PPOE Students

18 Questions and Answers for Advising Potential PPOE Students 18 Questions and Answers for Advising Potential PPOE Students Question 1: Is a felony conviction always a bar to peace officer licensure in Minnesota? Answer: Yes. According to MN Rules a felony conviction

More information

CRIME VICTIM ASSISTANCE STANDARDS

CRIME VICTIM ASSISTANCE STANDARDS V I C T I M S E R V I C E S D I V I S I O N Texas Department of Criminal Justice Victim Services Division CRIME VICTIM ASSISTANCE STANDARDS Developed and distributed by the The Texas Crime Victim Clearinghouse

More information

Background Check Laws: District of Columbia Scott J. Wenner and Joleen Okun, Schnader Harrison Segal & Lewis LLP

Background Check Laws: District of Columbia Scott J. Wenner and Joleen Okun, Schnader Harrison Segal & Lewis LLP Background Check Laws: District of Columbia Scott J. Wenner and Joleen Okun, Schnader Harrison Segal & Lewis LLP This Article is published by Practical Law Company on its PLC Law Department web service

More information

Criminal records checks

Criminal records checks Criminal records checks Ohio School Boards Association 8050 N High St Suite 100 Columbus OH 43235-6481 (614) 540-4000 fax (614) 540-4100 www. osba-ohio.org This fact sheet is published as an OSBA membership

More information

[As Amended by Senate Committee of the Whole] SENATE BILL No. 351. By Joint Committee on Corrections and Juvenile Justice Oversight 1-11

[As Amended by Senate Committee of the Whole] SENATE BILL No. 351. By Joint Committee on Corrections and Juvenile Justice Oversight 1-11 Session of 00 [As Amended by Senate Committee of the Whole] SENATE BILL No. By Joint Committee on Corrections and Juvenile Justice Oversight - 0 0 0 AN ACT concerning crimes, punishment and criminal procedure;

More information

Illinois Family Violence Coordinating Councils

Illinois Family Violence Coordinating Councils Illinois Family Violence Coordinating Councils Domestic Violence Court System Self-Assessment July 2006 The purpose of the self-assessment is to empower local domestic violence court systems by providing

More information

A Summary of Virginia s Crime Victim and Witness Rights Act

A Summary of Virginia s Crime Victim and Witness Rights Act A Summary of Virginia s Crime Victim and Witness Rights Act Your Rights and Responsibilities Department of Criminal Justice Services Victims Services Section December 2008 www.dcjs.virginia.gov Table of

More information

PROHIBITIVE OFFENSE PROCEDURE FOR SCHOOL OF HEALTHCARE SCIENCE PROGRAMS AT LEHIGH CARBON COMMUNITY COLLEGE

PROHIBITIVE OFFENSE PROCEDURE FOR SCHOOL OF HEALTHCARE SCIENCE PROGRAMS AT LEHIGH CARBON COMMUNITY COLLEGE PROHIBITIVE OFFENSE PROCEDURE FOR SCHOOL OF HEALTHCARE SCIENCE PROGRAMS AT LEHIGH CARBON COMMUNITY COLLEGE I. Purpose Outline the steps to be taken in all cases of criminal findings. It is LCCC s position,

More information

LICENSE SUSPENSIONS RESULTING FROM CONVICTIONS

LICENSE SUSPENSIONS RESULTING FROM CONVICTIONS LICENSE SUSPENSIONS RESULTING FROM CONVICTIONS Statute Description Predicate Offense(s) Permit Comments O.C.G.A. 32-6-30 Refusal to weigh O.C.G.A. 32-6-30 *6 month license suspension * Commercial vehicles

More information

Chapter SECTION OPENER / CLOSER: INSERT BOOK COVER ART. Section 3.1 What Is a Crime?

Chapter SECTION OPENER / CLOSER: INSERT BOOK COVER ART. Section 3.1 What Is a Crime? Chapter 3 SECTION OPENER / CLOSER: INSERT BOOK COVER ART Section 3.1 Chapter 3 What Criminal Is a Crime? Law Section 3.1 Section 3.2 Particular Crimes Why It s Important Learning the essence of criminal

More information

Sample Abuse / Molestation Risk Management Program For Sports Organizations

Sample Abuse / Molestation Risk Management Program For Sports Organizations Sample Abuse / Molestation Risk Management Program For Sports Organizations (Available exclusively for current clients of Sadler Sports And Recreation Insurance) DISCLAIMER THIS SAMPLE ABUSE / MOLESTATION

More information

CONNECTICUT IDENTITY THEFT RANKING BY STATE: Rank 19, 68.8 Complaints Per 100,000 Population, 2409 Complaints (2007) Updated November 28, 2008

CONNECTICUT IDENTITY THEFT RANKING BY STATE: Rank 19, 68.8 Complaints Per 100,000 Population, 2409 Complaints (2007) Updated November 28, 2008 CONNECTICUT IDENTITY THEFT RANKING BY STATE: Rank 19, 68.8 Complaints Per 100,000 Population, 2409 Complaints (2007) Updated November 28, 2008 Current Laws: A person commits identity theft when he intentionally

More information

FIRE FIGHTER APPLICATION PACKAGE

FIRE FIGHTER APPLICATION PACKAGE FIRE FIGHTER APPLICATION PACKAGE APPLICATION CLOSING DATE AND LOCATION: TUESDAY, NOVEMBER 8, 2011 AT 5:00 P.M. (CENTRAL STANDARD TIME) HUMAN RESOURCES DEPARTMENT 1110 HOUSTON STREET, LAREDO, TEXAS 78042

More information

DOMESTIC VIOLENCE PENALTIES UNDER COLORADO LAW Fact/Discussion Sheet

DOMESTIC VIOLENCE PENALTIES UNDER COLORADO LAW Fact/Discussion Sheet DOMESTIC VIOLENCE PENALTIES UNDER COLORADO LAW Fact/Discussion Sheet If you are convicted of a domestic violence charge, the penalties can be onerous. The following penalties assume a misdemeanor conviction.

More information

OREGON IDENTITY THEFT RANKING BY STATE: Rank 20, 68.1 Complaints Per 100,000 Population, 2552 Complaints (2007) Updated January 10, 2009

OREGON IDENTITY THEFT RANKING BY STATE: Rank 20, 68.1 Complaints Per 100,000 Population, 2552 Complaints (2007) Updated January 10, 2009 OREGON IDENTITY THEFT RANKING BY STATE: Rank 20, 68.1 Complaints Per 100,000 Population, 2552 Complaints (2007) Updated January 10, 2009 Current Laws: A person commits the crime of identity theft if the

More information

GUIDE TO CRIMINAL RECORDS AND EMPLOYMENT IN WASHINGTON STATE

GUIDE TO CRIMINAL RECORDS AND EMPLOYMENT IN WASHINGTON STATE GUIDE TO CRIMINAL RECORDS AND EMPLOYMENT IN WASHINGTON STATE This guide provides general information about the rights and responsibilities of people with a criminal record who are looking for a job. It

More information

System Overview ~~~~~ Presented by: Darcie McElwee

System Overview ~~~~~ Presented by: Darcie McElwee System Overview ~~~~~ Presented by: Darcie McElwee SYSTEM OVERVIEW OBJECTIVES Upon conclusion of this module the participant will be able to: Describe the overall structure, case flow process, and roles

More information

Criminal Background Checks: Questions and Answers Use and Application for the Rental Housing Industry

Criminal Background Checks: Questions and Answers Use and Application for the Rental Housing Industry Criminal Background Checks: Questions and Answers Use and Application for the Rental Housing Industry In today s society, rental property owners are often confronted by residents, neighbors, and law enforcement

More information

CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION

CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION PUBLIC SAFETY REALIGNMENT: PERSPECTIVES FROM THE STATE Erin Sasse, Chief Office of External Affairs erin.sasse@cdcr.ca.gov (916) 445-4950 WHAT IS

More information

Purpose of the Victim/Witness Unit

Purpose of the Victim/Witness Unit Purpose of the Victim/Witness Unit The Victim/Witness Assistance Division of the Lake County State s Attorney s Office was formed to serve the needs of people like you. The division is meant to ensure

More information

TCL > December 2012 Issue > The EEOC s New Enforcement Guidance on the Use of Criminal Background Checks

TCL > December 2012 Issue > The EEOC s New Enforcement Guidance on the Use of Criminal Background Checks TCL > December 2012 Issue > The EEOC s New Enforcement Guidance on the Use of Criminal Background Checks The Colorado Lawyer December 2012 Vol. 41, No. 12 [Page 45] 2012 The Colorado Lawyer and Colorado

More information

I. ELIGIBILITY FOR BOTH PRE-CHARGE AND POST-CHARGE DIVERSION: 1. Admit guilt and acknowledge responsibility for their action.

I. ELIGIBILITY FOR BOTH PRE-CHARGE AND POST-CHARGE DIVERSION: 1. Admit guilt and acknowledge responsibility for their action. ANOKA COUNTY ADULT CRIMINAL DIVERSION PLAN Effective July 1, 1994 - Revised 8/1/02, 9/5/07, 9/11/08 (Revisions apply only to crimes occurring on or after 9/1/08). The following plan has been developed

More information

1. How many children do you have? This question is inappropriate for two reasons.

1. How many children do you have? This question is inappropriate for two reasons. Interview Questions: Legal or Illegal? Can you ask if an employee has been arrested? If they have a high school diploma? What organizations they belong to? Employment application forms and pre-employment

More information

DELAWARE COUNTY TREATMENT COURT APPLICATION

DELAWARE COUNTY TREATMENT COURT APPLICATION DELAWARE COUNTY TREATMENT COURT APPLICATION Please read each question carefully before answering. Failure to complete this form accurately will delay the processing of your application. False or misleading

More information

Tarrant County College Police Department

Tarrant County College Police Department Tarrant County College Police Department VICTIM ASSISTANCE An Assistance Program for Victims and Family Survivors of Violent Crimes Tarrant County College The Tarrant County College District Police Department

More information

BARTON COUNTY DUI DIVERSION PROGRAM GUIDELINES

BARTON COUNTY DUI DIVERSION PROGRAM GUIDELINES BARTON COUNTY DUI DIVERSION PROGRAM GUIDELINES WHAT IS DIVERSION? The DUI diversion program offered and supervised by the Barton County Attorney enables certain people to complete a performance plan rather

More information

CITY OF LAREDO CIVIL SERVICE COMMISSION MINIMUM STANDARDS FOR ENTRY LEVEL FIRE DEPARTMENT

CITY OF LAREDO CIVIL SERVICE COMMISSION MINIMUM STANDARDS FOR ENTRY LEVEL FIRE DEPARTMENT CITY OF LAREDO CIVIL SERVICE COMMISSION MINIMUM STANDARDS FOR ENTRY LEVEL FIRE DEPARTMENT The City of Laredo is an equal opportunity employer and is committed to evaluating each candidate on a non-discriminatory

More information

AN ACT. The goals of the alcohol and drug treatment divisions created under this Chapter include the following:

AN ACT. The goals of the alcohol and drug treatment divisions created under this Chapter include the following: ENROLLED Regular Session, 1997 HOUSE BILL NO. 2412 BY REPRESENTATIVE JACK SMITH AN ACT To enact Chapter 33 of Title 13 of the Louisiana Revised Statutes of 1950, comprised of R.S. 13:5301 through 5304,

More information

CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION PUBLIC SAFETY REALIGNMENT: PERSPECTIVES FROM THE STATE

CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION PUBLIC SAFETY REALIGNMENT: PERSPECTIVES FROM THE STATE CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION PUBLIC SAFETY REALIGNMENT: PERSPECTIVES FROM THE STATE WHAT IS PUBLIC SAFETY REALIGNMENT? PUBLIC SAFETY REALIGNMENT Revises the definition of a felony

More information

DUI (Driving Under the Influence)

DUI (Driving Under the Influence) DUI (Driving Under the Influence) Driving Under the Influence (DUI) In Illinois, a person is considered to be driving under the influence when: The driver has an alcohol concentration on the breath of.08

More information

BURNET COUNTY ATTORNEY S OFFICE Don't Get Burned By A Hot Check

BURNET COUNTY ATTORNEY S OFFICE Don't Get Burned By A Hot Check Eddie Arredondo Hot Check Division Burnet County Attorney 220 South Pierce Phone: (512) 756-5413 or (512) 715-5208 Burnet, Texas 78611 Fax: (512)756-9290 BURNET COUNTY ATTORNEY S OFFICE Don't Get Burned

More information

COLORADO IDENTITY THEFT RANKING BY STATE: Rank 8, 89.0 Complaints Per 100,000 Population, 4328 Complaints (2007) Updated November 28, 2008

COLORADO IDENTITY THEFT RANKING BY STATE: Rank 8, 89.0 Complaints Per 100,000 Population, 4328 Complaints (2007) Updated November 28, 2008 COLORADO IDENTITY THEFT RANKING BY STATE: Rank 8, 89.0 Complaints Per 100,000 Population, 4328 Complaints (2007) Updated November 28, 2008 Current Laws: A person commits identity theft if he or she: Knowingly

More information

District of Columbia Truth-in-Sentencing Commission 950 Pennsylvania Avenue Northwest, Washington, AC. 20530

District of Columbia Truth-in-Sentencing Commission 950 Pennsylvania Avenue Northwest, Washington, AC. 20530 District of Columbia Truth-in-Sentencing Commission 950 Pennsylvania Avenue Northwest, Washington, AC. 20530 The Honorable Linda Cropp The District of Columbia Council 441 Fourth Street, N.W. Washington,

More information

31 - felony sentencings

31 - felony sentencings 31 - felony sentencings Felony Sentencing Guidelines By 46 th Circuit Court Judge Janet M. Allen Adults convicted of felony crimes are sentenced by a judge to one of two primary types of sentences. The

More information

NEW JERSEY STATE PROFILE

NEW JERSEY STATE PROFILE The National Hardcore Drunk Driver Project NEW JERSEY STATE PROFILE KEY HARDCORE DRUNK DRIVING LEGISLATION: Administrative License Revocation Yes High BAC Law (0.15 BAC or greater) Yes Enhanced Penalties

More information

OFFICE OF THE DISTRICT ATTORNEY

OFFICE OF THE DISTRICT ATTORNEY OFFICE OF THE DISTRICT ATTORNEY TWENTIETH JUDICIAL DISTRICT Stanley L. Garnett, District Attorney Boulder Office: Justice Center, 1777 6th St., Boulder, Colorado 80302 303.441.3700 fax: 303.441.4703 Longmont

More information

BRYCE A. FETTER ORLANDO JUVENILE CHARGES ATTORNEY

BRYCE A. FETTER ORLANDO JUVENILE CHARGES ATTORNEY BRYCE A. FETTER ORLANDO JUVENILE CHARGES ATTORNEY People make mistakes, especially young people. Juvenile lawyer Bryce Fetter believes children should get a second chance through rehabilitation rather

More information

DRUG PREVENTION PROGRAM

DRUG PREVENTION PROGRAM DRUG PREVENTION PROGRAM This is to inform you of the requirements of the Drug-Free Schools and Communities Act Amendments of 1989 Public Law 101-226 and what our schools require of the Staff and the Students.

More information

Using Proposition 47 to Reduce Convictions and Restore Rights (January 2015)

Using Proposition 47 to Reduce Convictions and Restore Rights (January 2015) Using Proposition 47 to Reduce Convictions and Restore Rights (January 2015) A note on reproduction: You are welcome to copy and distribute this material, but please do not charge for the copies. A note

More information

Application Checklist

Application Checklist Application Checklist POSITION APPLIED FOR: Indian Preference shall not be claimed without proof. Submitted applications without copies of verification documents, unanswered questions, omitted dates, omitted

More information

Victim Services. An Assistance Program for Victims and Family Survivors Of Violent Crimes BRENHAM POLICE DEPARTMENT. Victim Service Program

Victim Services. An Assistance Program for Victims and Family Survivors Of Violent Crimes BRENHAM POLICE DEPARTMENT. Victim Service Program Victim Services An Assistance Program for Victims and Family Survivors Of Violent Crimes BRENHAM POLICE DEPARTMENT Victim Service Program 1800 Longwood Drive Brenham, Texas 77833 979-337-7340 Cindy Kras

More information

PROHIBITIVE OFFENSE PROCEDURE FOR ADN AND PN NURSING PROGRAMS AT LEHIGH CARBON COMMUNITY COLLEGE

PROHIBITIVE OFFENSE PROCEDURE FOR ADN AND PN NURSING PROGRAMS AT LEHIGH CARBON COMMUNITY COLLEGE PROHIBITIVE OFFENSE PROCEDURE FOR ADN AND PN NURSING PROGRAMS AT LEHIGH CARBON COMMUNITY COLLEGE I. Purpose Outline the steps to be taken in all cases of criminal findings. In order to protect the safety

More information

It s time to shift gears on criminal justice VOTER

It s time to shift gears on criminal justice VOTER It s time to shift gears on criminal justice VOTER TOOLKIT 2014 Who are the most powerful elected officials most voters have never voted for? ANSWER: Your District Attorney & Sheriff THE POWER OF THE DISTRICT

More information