April 11, 2024 Vermont legislators have returned to discuss reforming the state’s existing expungement system. They will also discuss expanding the ability for residents to seal old criminal records. However, this attempt closely resembles a similar measure that Governor Phill Scott vetoed almost two years ago. Vermont currently offers two methods for individuals to limit or remove access to their criminal records: expungement and sealing. Expunging records effectively eliminates the recorded criminal history, making it appear like it never happened. Sealing removes the record from public ac ..read more

April 10, 2024 Hawaii’s state Senate has considered House Bill 1595 (HB 1595). This bill makes the state responsible for starting the expungement process for some convictions and arrests for minor drug offenses. However, the bill received significant modifications during a hearing with the Senate’s Committee on Judiciary. The first draft of HB 1595 proposed a process for the state to start the expungement process. This process would apply to criminal records with arrests or convictions for third-degree promoting a detrimental drug. In addition, it would require the Hawaii Criminal Justice Da ..read more

April 4, 2024 A series of bills concerning old marijuana convictions recently reached Maine legislators. These proposals intend to address the record-sealing process for marijuana convictions, as marijuana is legal in the state. According to the bills, they would expand the list of qualifying convictions, possibly creating an automatic sealing process. In 2017, Maine legalized the recreational use of marijuana. Despite this, convictions for possessing or using marijuana before legalization have remained on individuals’ records. These remaining records created significant hardships for those ..read more

March 20, 2024 Employers and consumer reporting agencies (CRAs) should prepare to update their Fair Credit Reporting Act (FCRA) Summary of Consumer Rights. According to the Consumer Financial Protection Bureau (CFPB), employers must use the updated version starting March 20, 2024. Employers must provide this form before taking adverse action based on background checks. Furthermore, the CFPB reminded employers to include the summary with every pre-adverse action notice. The new summary of consumer rights will consist of an English and Spanish version. The form is “A Summary of Your Rights Und ..read more

March 20, 2024 The Montgomery County Council in Maryland recently introduced a new ban-the-box bill. It would strengthen the county’s existing ban-the-box requirements for landlords. For example, it would improve the established protections for renters. To do so would reinforce the requirement to disclose criminal and credit histories before landlords make a preliminary decision. Council member Laurie-Anne Sayles sponsored the bill, with Council Members Evan Glass and Sidney Katz cosponsoring it. They introduced the bill to amend the county’s ban-the-box legislation. The legislation to recei ..read more

March 15, 2024 The Hawaii House of Representatives recently passed House Bill 1595 (HB 1595), which the Senate will soon review. This bill would create a state-initiated process to expunge eligible criminal records at no cost. According to the House, it would “expunge records of arrests and convictions for the offense of promoting a detrimental drug.”  Hawaii already has an expungement program for people with non-convictions. There are programs for some first-time alcohol, property, and drug offenses as well. However, some have criticized the existing program due to its costs and the di ..read more

Connecticut’s legislature is considering a bill concerning prospective tenants’ criminal records. House Bill 5242 (HB 5242) would prevent landlords from reviewing criminal records past a specific time frame when determining a potential tenant’s eligibility. Though it passed the Housing Committee, it still awaits further decision-making. The bill would limit landlords’ ability to consider potential tenants’ felony criminal convictions. It bars landlords from considering criminal record information with history greater than three years old. However, HB 5242 offers limited exceptions when decid ..read more

Ohio employers are still adjusting to Ohio’s new regulations governing marijuana usage in the state due to Issue 2. These adjustments are due to changes in the marijuana industry, such as legalizing its use. For example, the ballot measure legalized the possession, home cultivation, and retail sale for adults 21 years and older in Ohio. However, these changes have left many employers with lingering questions, many of which concern their obligations under the new law. Ohio legalized recreational marijuana use under Issue 2 (An Act to Control and Regulate Adult Use of Cannabis) on November 7 ..read more

The Consumer Financial Protection Bureau (CFPB) recently focused on inaccurate tenant screening reports. This attention is due to what the agency has identified as “sloppy” background check practices. As such, the CFPB issued guidance addressing erroneous background checks and practices regarding sharing credit reports. These two advisory opinions will address tenant screening practices and background checks. They would help guarantee the accuracy and reliability of either check. In addition to assisting landlords in making educated decisions, the CFPB hopes to ensure potential tenants can a ..read more

March 7, 2024 The United States Department of Housing and Urban Development (HUD) recently offered significant clarification concerning the Fair Housing Act (FHA). According to the related guidance, landlords with policies that ban anyone with a criminal record from housing risk violating the FHA.  In the guidance, HUD explicitly stated, “The Fair Housing Act prohibits both intentional housing discrimination and housing practices that have an unjustified discriminatory effect because of race, national origin, or other protected characteristics.” The FHA explicitly prohibits intentional ..read more