Skip to main content

e-Alert: Connecticut Amends Criminal Background Check Law

By August 24, 2021No Comments


Effective, October 1, 2021, Connecticut’s background check law expands to prohibit employers from asking candidates about previous arrests and criminal charges.


Companies will no longer be allowed to ask their employees about previous criminal history. Additionally, they can’t ask employees to elaborate on any “erased criminal history.” These inquiries include any information that the company obtained through a pre-employment or routine background check. The updated law defines the phrase “erased criminal history” as:

  • Information within an individual’s criminal history record that has been lawfully erased by those with the authority to do so;
  • Information relating to an individual’s youthful offender status; and
  • Continuances of a criminal case(s) that are 13 months or older.

Further enforcements on the law is set to take place on January 1, 2023. Any violation of the above will be considered illegal discriminatory practice under the Connecticut EEO policy. Employers will not be able to take adverse action against employees who have erased criminal history on their record. Examples of adverse action include withholding compensation increases or not considering employees for promotional opportunities within the organization solely due to erased criminal history discovered in a background check.

The Labor Commission encourages employees who feel their rights have been violated to file a formal complaint with Connecticut’s Commission on Human Rights & Opportunities.

Employers Next Steps

  • Employers should audit their onboarding documents such as Applications or Interview Questionnaires, to exclude verbiage requesting whether an applicant has any arrests or criminal charges.
  • If you are a Full-Service or Virtual HR client and would like our assistance with reviewing your current onboarding documents, please email us.
  • HR Knowledge partners with Verified First for background checks; if you are interested in hearing more about this service, please email us.

The People Simplifying HR

For almost twenty years, HR Knowledge has made it our mission to demystify the complex and daunting process of HR management. We do more than just provide the level of service and technology you’d expect from an industry leader. We combine an unparalleled passion for service with our decades of HR, payroll, and benefits experience to provide our clients with personalized and actionable advice that is second–to–none. From managed payroll to employee benefits to HR support, we can help your organization thrive, grow, and reduce operating costs—no matter what industry you serve. Whether you’re interested in our Full-Service solution or just need your employee handbook written, HR Knowledge can help you minimize risk while staying on top of compliance regulations. The bottom line? We’re not just another cloud-based technology company that also does HR, #WeAreHR. Get the scoop on how we can help you simplify HR.

This content is provided with the understanding that HR Knowledge is not rendering legal advice. While every effort is made to provide current information, the law changes regularly and laws may vary depending on the state or municipality. The material is made available for informational purposes only and is not a substitute for legal advice or your professional judgment. You should review applicable laws in your jurisdiction and consult experienced counsel for legal advice. If you have any questions regarding this content, please contact HR Knowledge at 508.339.1300 or email us.