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Limitations on the Use of Arrest Records

Society has an interest in maintaining criminal histories for the purpose of future crime investigations and in order to make hiring, rental and other decisions about people. More than 80% of companies perform background checks on applicants, and criminal histories are becoming easier to find on the Internet.

While it is important to protect members of our society from harm, it’s also important that we allow people who have been arrested or convicted of a crime to re-enter society with as few barriers as possible so they can live a productive, successful life. Failing to find a job or stable housing can be a precursor to returning to criminal behavior.

Currently, if people want to have their criminal records expunged, they are forced to navigate a complicated and confusing legal process that has a very limited chance of success, even for low-level, non-violent offenses or arrests that never led to a conviction.

Legislative Direction

There are two specific proposals before the legislature this year. Under both proposals, law enforcement would still have full access to criminal records.

  • Arrest records that don’t lead to a conviction cannot be used in evaluating a potential employee
  • Increase protections for employers who hire former criminal offenders


 



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