On October 1, 2014 Public Act 14-27 went into effect which revamped Connecticut’s provisional pardon law (Conn. Gen. Stat. § 54-130a). The revisions were based on the recommendations of the Connecticut Sentencing Commission and under this new bill: “a provisional pardon or certificate [of rehabilitation] creates a presumption of rehabilitation. The bill requires the state or an agency that denies employment or a credential based on a conviction for which the person received a provisional pardon or certificate to give the applicant, in writing, the reasons for the denial.” While Connecticut’s Provisional Pardon has been around since 2005 (P.A. 06-187) the new law makes it illegal for an employer to solely deny employment to an applicant who presents a Certificate of Employability or to discharge or discriminate against someone based solely on a conviction for which the individual received a provisional pardon.
This statute applies to all employers in the State of Connecticut and it bars public and private employers from (1) denying employment based solely on a conviction for which the applicant received a provisional pardon or (2) discharging or discriminating against someone based solely on a conviction prior to being employed for which the employee received a provisional pardon.
According to the Connecticut General Assembly, an applicant who presents a certificate of employability may only have their prior conviction used against them in the employment decision after they consider the following:
(1) the nature of the crime and its relationship to the job;
(2) information pertaining to the person’s rehabilitation; and
(3) the time elapsed since the conviction or release.
What does that mean for your business? Essentially an applicant with a Provisional Pardon cannot be automatically eliminated from employment merely because the conviction exists. Instead, if an employer believes the conviction will interfere with the job, must carefully evaluate the applicant before making the decision. In addition, for state and other agencies, the applicant must receive in writing the reasons why they are not being considered for employment.
Since each applicant must be reviewed on a case-by-case basis; coupled with the nuances that are inherent in all hiring decisions, human resource directors and other members of management need to carefully evaluate an applicant who presents a certificate of employability. When questions or problems come up with provisional pardons, our teams of lawyers are here to assist you in making the proper, informed choice to minimize exposure.