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At JDP, we believe better background checks are the leading cause of better hires. Our background screening solutions help clients reduce risk by alerting them to red flags in applicants' backgrounds that could harm their brand, people, and customers. Follow our blog to stay updated.
JDP
2d ago
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
JDP
5d ago
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
JDP
5d ago
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
JDP
1w ago
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
JDP
1w ago
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
JDP
1w ago
March 7, 2024
The Superior Court of Los Angeles County recently announced changes to its criminal name search. For example, the Superior Court will no longer allow background check providers to search its databases using the month and year of an individual’s birth. This change could significantly impact criminal record searches within Los Angeles County.
This announcement occurred after a May 2021 decision in the case of All of Us or None v. Hamrick. The California Court of Appeal declared that those searching public criminal records could no longer use birthdates and driver’s license number ..read more
JDP
2w ago
March 1, 2024
Maryland legislators have proposed a new bill called the Maryland Clean Slate Act of 2024, also known as HB0658 or SB0602. This bill would introduce a simplified expungement process for clearing criminal records. This new process seeks to establish an automated expungement process for eligible records.
As such, it would eliminate the need for many to file a petition to expunge old criminal records. The State Judicial Proceedings Committee held a hearing for the Maryland Clean Slate Act. The CMTE received a referral about the Act for further discussion since its introducti ..read more
JDP
2w ago
Feb 29, 2024
Maryland’s General Assembly recently considered closing the state’s criminal expungement eligibility rules. Closing these rules could benefit many individuals. For example, it would help eliminate the obstacles those with criminal records encounter when obtaining housing or employment.
The General Assembly will consider House Bill 0073 (HB0073) to close this gap. It would alter several definitions in the Maryland Code. HB0073 would clearly define the timeliness for expunging eligible state criminal records, starting when the individual completes a sentence.
This considerat ..read more
JDP
2w ago
Feb 28, 2024
The U.S. Court of Appeals for the Third Circuit announced its findings for a case concerning Article III. According to the case, a company allegedly disclosed an individual’s personal information to an intermediary without proper authorization.
However, the appeals court claimed this activity failed to establish Article III standing. As such, the Court has dismissed the case. According to the plaintiff, the issue began when they received a letter from the defendant. The defendant attempted to collect upon an outstanding debt for medical services through this letter.  ..read more
JDP
3w ago
Feb 23, 2024
Employers in Pennsylvania recently saw significant changes to the criminal background screening process through House Bill 689 (HB 689). However, these changes will primarily affect those in Philadelphia. These updates will expand the limitations when using certain criminal records. It also includes more protections for employers when applicants voluntarily disclose information.
Pennsylvania enacted HB 689 on December 14, 2023, and it became effective on February 12, 2024. HB 689 aims to clarify any ambiguity related to potential allegations of negligent hiring abo ..read more