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Employer Use of Criminal
Histories Threatened
Colleagues,
Congressman Steve Cohen (D-TN) announced today that he will be
introducing a bill today to expunge federal nonviolent criminal
history information older than seven years. He said exceptions
would include child molesters and persons convicted of financial
crimes of more than $10,000. The legislation would also include
an incentive for states to adopt similar laws. The Congressman’s
announcement came during a hearing of the House Subcommittee on
Crime, Terrorism and Homeland Security on the “Collateral
Consequences of Criminal Convictions: Barriers to Reentry for
the Formerly Incarcerated”.
The Subcommittee heard testimony from several witnesses
concerned about the inability of former inmates to obtain
employment after completion of their sentences. A primary
concern was that criminal history records were considered by
employers and licensing authorities at all levels of government.
The Census Bureau has come under some criticism for its policy
of not hiring persons with criminal convictions. A number of
witnesses asserted that after a former prisoner has had no
further problems with the law for several years they were no
more likely to commit a crime than anyone else. Representative
Cohen is also the sponsor of HR 3149, the “Equal Employment for
All” Act, which would deny employers access to credit reports.
That bill was subject of an earlier congressional hearing before
Memorial Day.
Today’s hearing also focused on HR 5300, the Fairness and
Accuracy and accuracy in Employment Background Checks Act of
2010. That bill, introduced by Subcommittee Chairman Bobby Scott
(D-VA), is intended to improve the accuracy of criminal history
information. It would require the US Attorney General to
promptly correct erroneous or incomplete information. It also
permits persons to challenge what they believe to be incorrect
information. Because this database is used by state regulatory
authorities considering license and permit applications, it is
in everyone’s interest that it be accurate. NCISS is concerned,
however, about provisions in the bill which would deny states
access to information about arrests older than 12 months where
the disposition of the case has not been determined.
Here is a link to the testimony:
http://judiciary.house.gov/hearings/hear_100609.html
NCISS will work with the subcommittee to help assure that the
records are accurate and complete and I will continue to keep
the membership and the profession apprised of any forthcoming
legislative updates.
Jimmie Mesis, LPI
NCISS Legislative Chairman
NCISS
7501 Sparrows
Point Blvd.
Baltimore, Maryland 21219-1927
(800) 445-8408 . Fax:
(410) 388-9746
Email:
jim@nciss.org
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