Clear a Path to Employment

Last updated: Apr 1, 2018

Details about this bill
Category: Retail Crime
Status: Defeated
Sponsor: Senator Amy Volk, Senate 30 - Cumberland County
Session: 128
Bill #: LD 1202

Position:

Monitoring.

UPDATE: The House accepted the Ought Not to Pass report as well. It is dead.

UPDATE: The Senate voted 24-10 Ought Not to Pass. It now moves to the House.

UPDATE: The majority of the committee voted the bill Ought Not to Pass. It is likely dead.

Summary:

This bill establishes an automatic process for an individual who has been convicted of a Class C, Class D or Class E crime to have the records of that conviction sealed if the crime does not involve domestic violence or sexual assault; the individual has not been convicted of any other crime in this State or another jurisdiction; and at least 7 years have passed since the date of conviction. If the Department of Public Safety, Bureau of State Police, State Bureau of Identification objects to the automatic sealing of an individual's criminal conviction records, the individual may file a motion in the underlying criminal proceeding requesting that the records be sealed.

The bill provides for a reduction in the 7-year waiting period for the sealing of records of an eligible criminal conviction if a convicted individual files a motion with the court demonstrating that the individual obtained a high school diploma or postsecondary certificate or degree after the date of conviction.

The bill prohibits the use of sealed criminal conviction information by all employers that are not criminal justice agencies. The bill also authorizes individuals whose conviction records have been sealed to respond to inquiries, other than inquiries from a criminal justice agency, as if the sealed conviction and underlying crime had never occurred.