Clean Slate laws are transforming the background check landscape, and KENTECH has solutions to support your business through these changes. As record clearance laws gain traction across the United States, Clean Slate legislation is becoming more common, with states like Michigan and California leading the charge. This article outlines how these new laws may impact your organization and how KENTECH can help you navigate these developments.
What is Clean Slate?
Clean Slate laws require courts to automatically clear eligible criminal records after individuals have completed their sentences, met post-sentence requirements (such as parole), and remained free of further offenses for a set period. Certain serious felonies are excluded from Clean Slate eligibility.
At KENTECH, we fully support implementable Clean Slate legislation as it aligns with our mission to promote fair chance hiring.
What We've Learned So Far
Clean Slate laws have been enacted in five states so far, including Utah, Pennsylvania, New Jersey, Oklahoma, and Michigan. The implementation of these laws has had varying effects on the background check process, as each state’s technological infrastructure and resources impact the execution.
Michigan’s recent Clean Slate law, implemented in April 2023, temporarily affected background check processing across the state. Several county courts in Michigan restricted public access to criminal records while they manually identified and removed records eligible for expungement. This caused significant delays in processing background checks in those counties. While most counties have since restored access, some still offer limited data.
Other states, such as California, Connecticut, Delaware, Vermont, Colorado, Virginia, and Minnesota, have also passed Clean Slate laws, and we are closely monitoring their upcoming implementation.
It’s crucial to understand that Clean Slate implementation challenges, including court closures or limited data access, will impact all background check providers—not just KENTECH. However, we are prepared to mitigate these disruptions with innovative solutions.
How KENTECH is Preparing for Implementation
At KENTECH, we’ve taken proactive steps to adapt to the evolving background check landscape and ensure our customers can continue their hiring processes without disruption.
Public Policy Engagement: Our Public Policy team is actively engaged in discussions with government officials, including the Department of Justice and legislative bodies, to anticipate potential challenges, especially in states like California.
Legal Monitoring: Our Legal team is staying up-to-date on the latest developments in Clean Slate laws and working to provide timely solutions as new legislation is introduced.
Product and Operations Innovation: Our Product, Data, and Operations teams are developing tools to address data limitations and ensure continuity in your background check processes, even as states implement Clean Slate legislation.
KENTECH’s Product Solutions for Clean Slate Implementation
KENTECH offers advanced tools designed to help businesses navigate the complexities of Clean Slate laws. Our solutions ensure that you can continue to make informed hiring decisions, even in jurisdictions where data may temporarily become inaccessible.
Skip Inaccessible States and Counties: This feature allows customers to bypass jurisdictions that are temporarily inaccessible due to Clean Slate implementation. The tool is customizable based on your background check needs and risk tolerance.
Follow-Up Reports: This feature enables automatic or manual re-runs of reports once previously inaccessible jurisdictions are fully restored, ensuring you get the most complete and up-to-date information possible.
We’re Ready to Support Your Business
KENTECH is here to support your hiring needs throughout this period of legislative change. Whether you’re affected by delays, data limitations, or other challenges posed by Clean Slate laws, we offer comprehensive solutions to keep your hiring process running smoothly.
Contact our support team to learn more about how KENTECH can help your organization navigate the Clean Slate legislation. We are committed to partnering with our clients as these laws are implemented across the country, all while staying true to our dedication to fair chance hiring.
Disclaimer
The information provided here is for educational purposes only and should not be construed as legal advice. Consult your legal counsel for guidance on compliance with the Fair Credit Reporting Act (FCRA) and applicable state and local laws. KENTECH expressly disclaims any responsibility or liability for damages arising from or associated with this information.
