As of Thursday, November 12, 2020, Sterling is manually processing Illinois sex offender searches as a result of recent Illinois Sex Offender Registry website updates. Please note turnaround time delays are expected for searches that require additional research and we will provide updates as they become available. Thank you for your patience.
Having TNC cases that remain open and without action for an extended period of time may suggest that your users are either not referring TNC cases to the Social Security Administration (SSA) or Department of Homeland Security (DHS) when the employee chooses to take action to resolve the TNC, or are not closing the case when an employee chooses not to take action to resolve the TNC. Both of these are violations that may lead to compliance action, up to and including termination of your E-Verify account.
Completing the TNC process strengthens E-Verify system integrity and helps ensure employers close E-Verify cases according to program requirements.
If you receive a TNC result for an employee
Please complete the following steps in E-Verify within 10 federal government working days after issuance of the TNC result.
For more information, please read Section 3.3 of the E-Verify User Manual. If you have any questions, please do not hesitate to contact your Sterling Client Success representative.
San Bernardino, California county criminal searches became unavailable on Monday, November 9, 2020. Please be advised the county resumed fulfillment on Wednesday, November 11, 2020, and pending searches will be processed by end of day Friday, November 13, 2020. Thank you for your patience.
In observance of Veterans Day, U.S. courthouses, schools, and some businesses will be closed on Wednesday, November 11, 2020. As a result, criminal searches and verifications with external dependencies are expected to be delayed by 24 to 48 hours. Patient service centers (PSC) may also close or experience delays. We recommend candidates and employees call their chosen collection site to verify hours of operation.
On October 12 and 13, 2020, Michigan Governor Gretchen Whitmer signed a package of six bills (the “Amendments”) into law to expand criminal record expungement in the state. Effective 180 days after signing (April 11, 2021), the Amendments serve to advance the trend of “Clean Slate” or “Second Chance” initiatives which have similarly been enacted in states including North Carolina, Pennsylvania, and Utah.
See below for a brief summary of each bill.
HB 4980
HB 4980 enacts an automated process for setting aside conviction records. Beginning two years after the effective date of the Amendments, certain misdemeanors and felonies will be set aside without the need for an application. Misdemeanor convictions are to be set aside seven years after the imposition of their sentence and felony convictions are to be set aside ten years after the imposition of their sentence or completion of imprisonment, whichever occurs latest. Convictions that are not eligible for these expungements include crimes of an assaultive nature, serious misdemeanors, crimes of dishonesty, offenses punishable by imprisonment of 10 years or longer, crimes involving minors, vulnerable adults, injury, serious impairment, or death, and violations related to human trafficking. The bill further clarifies that no more than two felony and four misdemeanor convictions may be set aside during the individual’s lifetime, with the exception of misdemeanors that are automatically expunged by this bill. The full text of HB 4980 can be found here.
HB 4981
HB 4981 identifies convictions which may not be set aside, which includes felonies or attempts to commit felonies which carry a maximum punishment of life imprisonment, felony domestic violence if the individual had a previous domestic violence misdemeanor, and convictions related to child abuse, most criminal sexual conduct offenses, driving while intoxicated, and traffic offenses which caused injury or death. The full text of HB 4981 can be found here.
HB 4982
HB 4982 amends the expungement process for marijuana offenses by allowing individuals with one or more misdemeanor marijuana offenses to apply for expungement. This includes the rebuttable presumption that the conviction was based on activity that would have been legal after Michigan legalized marijuana in December 2018. The full text of HB 4982 can be found here.
HB 4983
HB 4983 amends the time periods individuals are required to wait in order to apply to set aside certain convictions. Applications to set aside one or more misdemeanor convictions or one felony convictions may be filed five or more years after the imposition of a sentence, completion of probation, discharge from parole, or the completion of imprisonment, whichever occurs latest. Applications to set aside more than one felony convictions may be filed after seven or more years, and applications to set aside misdemeanor convictions that were not serious misdemeanors or assaultive in nature may be filed after three years. In order for convictions to be set aside after the required amount of time has elapsed, the applicant may not have any criminal charges pending against them, nor any convictions during that time. The full text of HB 4983 can be found here.
HB 4984
HB 4984 increases the number of convictions which may be expunged. Individuals convicted of one or more offenses may apply to have all convictions expunged that meet the following criteria: if they do not have more than three felony convictions in the state, if not more than two were of an assaultive nature, and if they do not have more than one felony conviction for the same offense punishable by ten or more years imprisonment. The full text of HB 4984 can be found here.
HB 4985
HB 4985 allows for the expungement of multiple convictions if they arose out of the same circumstances. If more than one felony or more than one misdemeanor occurred within 24 hours of another and were part of the same criminal transaction, they will be treated as one conviction for the purposes of expungement. This does not apply to any offenses that were assaultive in nature, involved the possession of a dangerous weapon, or carry a maximum penalty of ten or more years imprisonment. The full text of HB 4985 can be found here.
Michigan employers should review their hiring and screening practices in consultation with their legal counsel accordingly. Employers should be aware of laws regarding the expungement and setting aside of convictions as they review their policies around criminal self-disclosure and establish hiring criteria as it relates to certain types of criminal history. Sterling clients with questions about our reporting practices and what options are available to assist with regulatory requirements should contact their account representative.
The information contained herein is for informational purposes only. Clients are encouraged to consult with their legal counsel on the impact of this new law. Sterling is not a law firm, and none of the information contained in this notice is intended as legal advice.
This and other important legislative updates can be found on the Sterling website: https://www.sterlingcheck.com/resources/compliance-updates/
Beginning January 1, 2021, Florida employers will be required to take additional steps to verify the eligibility status of new employees. SB 664, An Act Relating to the Verification of Employment Eligibility (the “Act”) establishes obligations for employers in Florida which include the use of E-Verify, a web-based system which matches Form I-9 information against records with the Social Security Administration and Department of Homeland Security.
The Act requires all public employers, contractors, and subcontractors to register with and use the E-Verify system to confirm the work authorization status of all newly hired employees. Public employers, contractors, and subcontractors are further prohibited from entering into a contract unless each party is registered with and using E-Verify. In addition, subcontractors must provide affidavits that they do not employ, contract with, or subcontract with “unauthorized aliens” (the statutory language for an undocumented worker), which contractors must retain for the duration of their contract. If either party to the contract has a good faith belief that the other is employing an “unauthorized alien”, they must immediately terminate the contract, which will not be considered a breach. If a public employer terminates a contract under this provision, the contractor may not be awarded another public contract for at least one year.
Private employers must similarly verify employment eligibility for individuals after they accept offers of employment using E-Verify or alternatively by maintaining the same documentation provided by the employee to complete the Form I-9, which the employer must retain for at least three years. These requirements do not extend to existing employees unless they are a contractor in which case they must be verified upon renewal or extension of their contract. Upon request, employers must provide the documentation relied upon for determining employment eligibility to the Department of Law Enforcement, Attorney General, State Attorney, and Statewide Prosecutor. Employers who are found to be out of compliance are required to provide an affidavit within 30 days to the Department of Economic Opportunity that they will henceforth comply, that they have terminated all unauthorized aliens in the state, and that they will no longer knowingly or intentionally employ unauthorized aliens in the state. Failure to provide such an affidavit will result in suspension of all applicable licenses. Employers with three violations within a 36-month period will have their applicable licenses permanently revoked.
Florida employers should review their screening and onboarding practices in light of the Act and consult with their legal counsel on how to best proceed. Sterling clients who would like to learn more about our Form I-9 and E-Verify solutions should contact their account representative.
The full text of the Act can be found here. More information about the E-Verify service can be found here.
The information contained herein is for informational purposes only. Clients are encouraged to consult with their legal counsel on the impact of this new law. Sterling is not a law firm, and none of the information contained in this notice is intended as legal advice.
This and other important legislative updates can be found on the Sterling website: https://www.sterlingcheck.com/resources/compliance-updates/