Disclosure of Criminal Record to Employers

CAN MY EMPLOYER ASK ME ABOUT ARRESTS, CRIMINAL CHARGES OR CONVICTIONS WHICH HAVE BEEN ERASED FROM MY CRIMINAL RECORD?

 

In Connecticut an employer cannot ask about erased criminal records.  Under Connecticut General Statute 31-51i, an employer is prohibited from asking about the existence of erased criminal records or from discriminating based on erased criminal records. 

While an employment application form may ask about the criminal history of a prospective employee, the prospective employee is not required to disclose any criminal records that have been erased under Connecticut General Statutes 46b-14b, 54-76o or 54-142a.  This means that any records relating to (1) a finding of delinquency or that a child was a member of a family with service needs; (2) adjudication as a youthful offender; (3) a criminal charge that has been dismissed or nolled; and (4) a criminal charge resulting in the person being found not guilty or for which the person received an absolute pardon. If a criminal record has been erased based on one of those four reasons, the person is deemed to have never been arrested, and may answer so on an employment application.

Under 31-51i, an employer is also not allowed to deny a prospective employee employment because the individual has an erased criminal record relating to one of the four reasons above.  Similarly, an employer is not permitted to fire a current employee because the employee has an erased criminal record.

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