| ENACTED LEGISLATION |
| COLORADO: State institutions of higher education are prohibited from inquiring into an applicant's criminal history prior to admission |
| Summary: Colorado passed the "Ensuring Access to Higher Education Act" which, effective May 1, 2020, prohibits any state institution of higher education from inquiring into an applicant's criminal history prior to admission into the institution. The law also prevents a state institute of higher education from requiring an applicant to disclose criminal history on an application. The law does provide limited exceptions for types of inquiries a state higher education institute may make into an applicant's criminal history prior to admission.
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| Impact(s): Colorado state institutions of higher education |
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| DELAWARE: New criminal background check requirements for mortgage brokers |
| Summary: H.B. 199, which became effective on June 27, 2019, amends the criminal background check requirements for Delaware mortgage loan brokers and licensed lender licenses. It authorizes the Delaware State Bank Commissioner to "require the applicant, the spouse of the applicant, a principal of, individual who is a person in control of, or proposed responsible individual of the applicant, or any other individual associated with the applicant and the proposed licensed activities, to provide the Commissioner or the commissioner's designee with a complete set of fingerprints for purposes of a criminal background investigation."
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| Impact(s): Delaware banks and financial institutions |
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| IOWA: Criminal history background checks permitted for child/adult care workers |
| Summary: On May 1, 2019, the General Assembly of the State of Iowa enacted a law permitting national criminal history background checks to be performed by any business or organization that employs individuals who provide care to children, the elderly, and those with disabilities. The law permits a qualified entity to request a national fingerprint criminal history record check by the federal bureau of investigation on covered individuals through the department of public safety.
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| Impact(s): Iowa entities providing child care, elder care, and care for individuals with disabilities |
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| LOUISIANA: Ban the box law expanded to include political subdivisions |
| Summary: Effective August 1, 2019, political subdivisions will be prohibited from inquiring about a prospective employee's arrest record on an initial application form. The law does not preclude, however, inquiries about convictions, pending felony criminal charges, or pleas of nolo contendere of a prospective employee on the initial application form. The law also does not apply to any employment position for which a criminal background check is required by law.
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| Impact(s): Louisiana local governments and political subdivisions |
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| MAINE: Update to criminal background check laws |
| Summary: Effective September 19, 2019, H. 1282 will ensure compliance with federal requirements regarding background checks of certain Department of Health and Human Services (DHHS) employees. The state will obtain criminal history information by submitting fingerprints to the FBI for any individual who has applied for and may be offered employment requiring access to federal tax information as well as employees already employed with the DHHS who did not undergo a criminal history background check prior to employment.
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| Impact(s): Maine Department of Health and Human Services |
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| NEBRASKA: New law requires background checks for child care licensing |
| Summary: Nebraska law is amended to require background checks as prescribed under the Child Care Licensing Act and Children's Residential Facilities and Placing Licensure Act. A person applying for a license as a child care provider or who is already a licensed childcare provider will be required to perform criminal history background checks on all childcare staff members. Each childcare staff member shall be required to undergo a criminal background check not less than once during each five-year period.
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| Impact(s): Nebraska child care providers |
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| NEW JERSEY: New law bans salary history questions |
| Summary: Effective January 1, 2020, a new law will prohibit employers from obtaining an applicant's salary history information during the hiring process. It will be unlawful for an employer to screen a job applicant based on the applicant's salary history or to require that the applicant's salary history satisfy any minimum or maximum criteria.
An employer may, however, consider salary history in determining salary, benefits, and other compensation for an applicant only if the applicant "voluntarily, without employer prompting or coercion" provides the employer with such salary history information. The employer may not retaliate if an applicant refuses to volunteer salary information. Further, an employer may request that an applicant provide a written authorization to confirm salary history but only after an offer of employment has been made. The law does not apply to internal transfers, disclosure of salary history pursuant to federal law, background checks seeking non-salary related information, inquiries regarding an applicant's "previous experience with incentive and commission plans."
The new law states that it should not be construed to prohibit "an employer who does business, employs persons, or takes applications for employment in at least one state other than New Jersey, from including an inquiry regarding salary history on an employment application, so long as immediately preceding the salary history inquiry on the employment application it states that an applicant for a position the physical location of which will be in whole, or substantial part, in New Jersey is instructed not to answer the salary history inquiry."
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| Impact(s): New Jersey employers |
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| OREGON: Amendment to law regarding criminal record checks for child care providers |
| Summary: Effective January 1, 2020, H.B. 2027 amends Oregon's requirements for child care provider criminal background checks, including a requirement that a name-based check of the national sex offender registry be conducted if requested by the authorized agency. Additional amendments include, but are not limited to, actions to be taken upon suspension of an individual's certification, registration or enrollment in the Central Background Registry.
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| Impact(s): Oregon child care providers |
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| TOLEDO, OHIO: Pay Equity Act will prohibit salary history questions |
| Summary: Effective June 25, 2020, employers in the city of Toledo, Ohio who employ 15 or more employees, will be prohibited from asking external or internal job applicants about salary history, screening applicants based on their current or prior wages or other benefits or compensation, requiring that salary history satisfy minimum or maximum criteria, relying on salary history in deciding whether to extend an offer of employment or amount of compensation for an applicant, or refusing to hire an applicant for not disclosing his or her salary history. This does not apply to applicants who voluntarily disclose their salary history.
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| Impact(s): Toledo, Ohio employers |
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| UTAH: Legislation enacted to create automatic expungement process for certain criminal records |
| Summary: On March 28, 2019, Utah's Governor Gary Herbert signed into law the Expungement Act Amendments. The law, HB 431, creates an automated expungement process for eligible offenses. Individuals with eligible records for expungement will not have to file a petition or pay fees to clear their record.
To be eligible for automatic expungement an individual must:
- Have the number and type of offense eligible under Utah law
- Be crime-free from the date sentenced for the following time period:
- 5 years for a Class C misdemeanor
- 6 years for a Class B misdemeanor
- 7 years for a Class A misdemeanor for possession of a controlled substance
- Have paid all court ordered restitution.
All felonies and certain other offenses remain ineligible for automatic expungement. Utah’s law goes into effect May 1, 2020. Utah has become the second state to enact Clean Slate legislation, following Pennsylvania's passage of the Clean Slate Law in 2018.
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| Impact(s): Utah employers |
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| VERMONT: New law requires background investigation of state employees with access to federal tax information |
| Summary: Effective July 1, 2019, Act 58 amends the background investigation procedure for state employees with access to federal tax information to include fingerprint-based criminal history record checks. This includes state temporary and seasonal employees.
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| Impact(s): Vermont state agencies |
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