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Both states passed laws to help former convicts find employment and protect employers who hire people with a criminal history.

Second Chance Laws

Numerous states have implemented laws to help people with criminal histories find employment after serving their time. People with convictions often have difficulties getting hired and that lack of opportunity can lead to recidivism. Second chance laws are designed to help individuals and reduce crime rates.

Examples of Second Chance laws include banning the box (not allowing employers to include questions about criminal records on job applications), expungement laws (creating opportunities for former offenders to have their convictions made unavailable to the public) and requiring individual assessments (asking employers to review each offense and determine whether or not it is relevant to a job opening).

Some laws are designed to protect employers who hire individuals that have criminal records. Both Arizona and North Carolina passed bills that create new guidelines regarding the employment of people who have convictions.

Arizona

House Bill 2311 (HB 2311) was signed by Governor Doug Ducey and goes into effect on July 21, 2018. This law creates protections for employers that hire individuals who have minor or irrelevant criminal histories. If an employer is sued for negligent hiring, HB 2311 provides liability protections. Specifically, it disallows the plaintiff from introducing evidence that an employee had a conviction, unless it was a violent or sexual offense, before the hire date.

This protection is not available if:

· An employee with a criminal record is hired as a security guard or law enforcement officer and commits a violent offense or uses excessive force.
· An employee who was convicted of misusing monies or property is put into a position that includes fiduciary responsibilities and then commits another act of misuse of monies or property.

Learn more about HB 2311.

North Carolina

Governor Roy Cooper signed House Bill 774 (HB 774) to help create job opportunities for former offenders and protect employers who hire someone with a criminal history. The bill allows individuals to apply for a “Certificate of Relief” which can help with their job search. Applicants who have this certificate can enjoy more opportunities for potential employment.

The bill provides examples of how North Carolina residents may be eligible to receive this certificate. Courts may issue one if the former offender:

· Has 3 or fewer Class H or I felonies and misdemeanors.
· Completed their sentence at least twelve months prior to applying for the certificate.
· Complied with every requirement of their sentence, such as probation, educational requirements or anger management classes.
· Is actively engaged (or planning to be) in training, education or rehabilitation programs.
· Has no pending charges.
· Does not pose an unreasonable risk to the safety of the public or an individual.

HB 774 also protects employers who hire former offenders. The bill states that hiring someone who possesses a state-issued certificate eliminates any liability for potential claims of negligent hiring. It also stipulates that if an employee with a certificate incurs a new conviction, they must inform their employer within ten days.

Learn more about HB 774.

Keeping Up With Relevant Laws

There are numerous laws that affect the hiring process. They often differ by state or even city. Keeping up with laws that are active where your business operates can be difficult.

Backgrounds Online provides educational resources to assist you with your educational and compliance efforts. If you have questions about how we can improve your hiring process with compliant background screening, please contact us. Our educated staff is available Monday – Friday from 5am to 5pm PT.