Conviction Records

A bill that would seal certain criminal records could open doors for millions of Californians

by Anabel Sosa - Los Angeles Times

SACRAMENTO — State lawmakers on Thursday approved legislation that would allow some Californians with criminal convictions to have those records sealed if they maintain a clean record, a move cheered by criminal justice reform advocates and harshly criticized by law enforcement.

Read more: https://www.latimes.com/california/story/2022-08-18/lawmakers-consider-sealing-some-criminal-records-after-4-years-of-release

Illinois Restricts Employers From Using Conviction Records in Making Employment Decisions

by Elsa Andrianifahanana, David Birnbaum, Michael Gray, Brent Knight, Jonathan Linas, Elizabeth McRee, Jennifer Plagman, E. Michael Rossman, Efrat Schulman, Samantha Woo, Ann-Marie Woods - Jones Day - JD Supra

In Short

The Situation: Recent amendments to the Illinois Human Rights Act ("IHRA") restrict Illinois employers from relying upon conviction records to make adverse employment decisions unless they comply with new substantive and procedural safeguards.

The Result: Illinois employers cannot rely upon conviction records to make adverse employment decisions unless, after providing notice, an opportunity to respond, and considering any mitigating factors, the employer concludes there is a "substantial relationship" between the conviction and the job at issue and/or the individual's employment presents an "unreasonable risk" to property, safety, or individual welfare.

Read more: https://www.jdsupra.com/legalnews/illinois-restricts-employers-from-using-3163187/