In the dynamic landscape of employment verification and background checks, keeping up with changing regulations and trends is non-negotiable. For years, the ‘Ban The Box’ movement has championed fair hiring practices, advocating for removing the checkbox asking about criminal histories in job applications. However, as the Ban The Box initiative encounters roadblocks, a new strategy is swiftly gaining traction — the clean slate measures. At present, about 12 states have enacted some form of Clean Slate Law: California, Colorado, Connecticut, Delaware, Michigan, Minnesota, New Jersey, New York, Pennsylvania, Oklahoma, Utah, and Virginia, with advocacy groups lobbying to add the remaining states.
The Ban The Box Initiative: A Historical Context
The Ban The Box campaign began as a civil rights movement, urging employers to consider a candidate’s qualifications first, without the stigma of a conviction. Supported by data showing that access to employment reduces recidivism, this initiative spread like wildfire with over 35 states, the District of Columbia, and over 150 cities and counties prohibiting the checkbox on job applications. Ban The Box made significant strides in reducing discrimination against ex-offenders, offering them a fair chance at accessing gainful employment. By deferring the background check process until a job offer or later, the initiative aimed to promote equity and second chances.
The Transition to Clean Slate Measures
Clean slate measures have emerged as the next step in promoting reintegration for individuals with criminal records. Some initiatives propose this be an automatic process when specific requirements are met, while others are done upon application. In either approach, the goal is to incentivize rehabilitation and reward individuals who have been able to remain out of criminal issues and allow them a second chance at opportunities.
What are Clean Slate Measures?
A clean slate measure is a policy that seals or expunges records of certain criminal offenses after a person goes a specified amount of time without committing another offense. These initiatives aim to provide a fresh start to individuals who have demonstrated their rehabilitation through law-abiding behavior. Essentially, this means that after a certain period of time, an individual’s criminal record will no longer be visible to employers or the public. It should be noted that these clean slate laws do not erase everything. Generally, only individuals with misdemeanors and those with low-level felony records are eligible to have their records erased. Serious crimes are not typically eligible for expungement and clean slate efforts, and these are the types that would be most relevant and considered for determining risk for an organization. Each jurisdiction has its own definitions of which offenses are eligible for record clearing and how long the waiting period is.
Factors Contributing to the Rise of Clean Slate Measures
Over the years it has become apparent that these fair chance initiatives, as they may also be called, are not necessarily sufficient for individuals who have previous convictions as they do not remove the stigma of a criminal record, the potential obstacles a criminal record may pose for contracting, employment or housing opportunities and the fact that criminal information about the individual may still be shared with others. Clean slate initiatives and expungement programs augment the Ban the Box laws by creating a more comprehensive approach to address the obstacles facing individuals with criminal records. Together, they help to reduce the adverse impact of past convictions and improve employment opportunities for candidates who have demonstrated rehabilitation and a willingness to become productive members of society.
The Road to Incorporating Clean Slate Measures
Organizations have the opportunity to redefine their hiring practices, not just to comply with the letter of the law, but to advance the spirit of inclusion, equity, and the health of their communities. Drawing parallels between the past effectiveness of Ban The Box and the burgeoning support for clean slate measures, employers and HR professionals can transform these transitions into catalysts for positive organizational change and demonstrate due diligence in the evolving legal landscape and a commitment to the ethical and moral principals at the heart of their communities.
Conclusion
In conclusion, does this mean Ban the Box laws are a thing of the past? We don’t think so, but the creation of new laws has slowed down Ban The Box and this change in direction to clean slate initiatives seems to be the current trend for the support and opportunities it provides for previously convicted individuals to become productive members of society if they remain crime-free. We will continue to monitor this trend and the impact it has on the background check process for our customers.
