New Public Act Affects Employment Applications

July 19, 2002 Advisory

Public Act 02-136, which takes effect October first, requires employment applications that contain questions concerning the criminal history of the applicant to contain a clear and conspicuous statement that: 1) the applicant is not required to disclose the existence of any arrest, criminal charge or conviction, the records of which have been erased pursuant to section 46b-146, 54-76o or 54-142a; 2) criminal records subject to erasure pursuant to these statutes are records pertaining to a finding of delinquency or that a child was a member of a family with service needs, an adjudication as a youthful offender, a criminal charge that has been dismissed or nolled, a criminal charge for which the person has been found not guilty or a conviction for which the person received an absolute pardon, and 3) that any person whose criminal records have been erased pursuant to these statutes shall be deemed to have never been arrested within the meaning of the general statutes with respect to the proceedings so erased and may so swear under oath.

This same law makes it illegal to take action against an employee because of attendance at a court proceeding or participation in a police investigation related to a case in which the employee is a crime victim. See the In Focus section of this newsletter for other information concerning employment applications.