Nov 2, 2020 @ 4:58 PM EST | United States
In observance of Election Day, many U.S. courthouses, some schools, and government businesses may close on Tuesday, November 3, 2020. Please note the following impact.
- School buildings may be used as election poll locations, and if so, the impacted district will be closed.
- Some U.S. courthouses may close and criminal searches with external dependencies are expected to be delayed, including in:
- California: San Francisco
- Delaware: Kent, New Castle, Sussex
- Indiana: St. Joseph
- Kentucky: Barren, Bullitt, Campbell, Daviess, Fayette, Graves, Hardin, Henderson, Jefferson, Laurel, McCracken, Nelson, Pulaski, Warren
- Michigan: Kalamazoo
- Mississippi: Hancock, Harrison, Jackson, Lamar, Pearl River
- New York: Erie, Monroe, Schenectady, Suffolk
Nov 2, 2020 @ 3:19 PM EST | United States
Sterling is replacing our national sex offender service with the United States Department of Justice (DOJ) National Sex Offender Public Website (NSOPW). You will be upgraded no later than Monday, November 30, 2020. The DOJ’s NSOPW offers primary source searches of registered sex offenders for all 49 states, U.S. Territories, the District of Columbia, and participating Indian Tribes. Please note that reporting in Nevada is not permitted.
- Nationwide Sex Offender service (CRSEXN) will be upgraded to the DOJ’s NSOPW (CRSEXDOJ).
- Nationwide + Sex Offender service (CRNATV) will be upgraded to the Nationwide Criminal Search (CRNATVNS) + DOJ Sex Offender Search (CRSEXDOJ). You will see the DOJ’s NSOPW as a new service on your report.
There will be no changes to the existing pricing or turnaround times as a result of this upgrade. Thank you for your continued trust in Sterling.
Oct 29, 2020 @ 1:22 PM EDT | United States
Hurricane Zeta made landfall on Wednesday, October 28, 2020, impacting Louisiana and Mississippi. As a result, criminal and verification searches with external dependencies may experience delays, including Lafourche, Plaquemines, St. Bernard, St. Helena, St. James, St. John the Baptist, and Terrebonne counties in Louisiana, and Hancock county in Mississippi. There may also be patient service center (PSC) closures or delays in storm-affected areas, and we recommend that candidates and employees call their chosen collection site to verify hours of operation. In an effort to mitigate impact, eScreen will be re-routing specimens from their Gretna, Louisiana laboratory to their Richmond, Virginia laboratory, which may result in a minor turnaround time increase. We are closely monitoring the situation and will provide updates as they become available.
Oct 29, 2020 @ 12:03 PM EDT | United States
On June 25, 2020, North Carolina Governor Cooper signed SB 562 also known as the “Second Chance Act” (the “Act”) into law. The Act, which passed unanimously in both the House and the Senate, revises expunction laws in the state in an effort to remove barriers to employment and housing for North Carolinians. Per the Act, individuals may petition for expunction of misdemeanors, thus clearing the crime from the individual’s record, as well as Class H and I felonies under the following circumstances:
- If the offense was committed prior to December 1, 2019
- If the individual committed the offense prior to turning 18, but after turning 16
- If active sentences, probation, or post-release supervision are complete and they have no restitution orders or outstanding civil judgments ordered for restitution
The Act clarifies that individuals with multiple applicable convictions are eligible, and that these accommodations do not apply to impaired driving or sexual assault charges. The fee to file for a petition is $175, payable to the Administrative Office of the Courts. Effective December 1, 2020, individuals may file petitions for expunction for the following:
- One nonviolent misdemeanor conviction after 5 years, if the individual has no other misdemeanor or felony convictions
- Multiple nonviolent misdemeanor convictions after 7 years, if the individual has no other misdemeanor or felony convictions that are listed as exceptions to being considered “nonviolent”
- One nonviolent felony conviction after 10 years, if the individual has no convictions of misdemeanors that are listed as exceptions to being considered “nonviolent,” or any felony convictions
Cases disposed on or after December 1, 2021 as dismissed or resulting in not guilty or not responsible findings will be automatically expunged.
North Carolina employers should review their hiring policies and screening programs and consult with their legal counsel regarding their consideration of criminal history information in response to the Act. Employers who request self-disclosure of criminal history information should similarly review those processes and consider how the Act may impact them.
The full text of the Act 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/ This publication is for informational purposes only and nothing contained in it should be construed as legal advice. We expressly disclaim any warranty or responsibility for damages arising out this information. We encourage you to consult with legal counsel regarding your specific needs. We do not undertake any duty to update previously posted materials.
Oct 29, 2020 @ 11:59 AM EDT | United States
On August 18, 2020, North Carolina Governor Roy Cooper issued Executive Order No. 158, “Furthering Fair Chance Policies in State and Government Employment” (the “Order”) which takes effect on November 1, 2020. Intended to increase reliance on merit in employment decisions, the order proclaims that departments, entities, boards, commissions, or committees over which the Governor has oversight (“State Agencies”) must remove criminal history questions from employment applications and may not inquire into an individual’s criminal history or conduct background checks until after the completion of an interview. Furthermore, State Agencies may not consider the following in employment decisions:
- Expunged or pardoned convictions
- Charges or convictions that do not relate to the employment
- Arrests that did not result in convictions
- Charges resulting in dismissals or not guilty verdicts
The Order states that state public employment decisions which are based on criminal history must be due to that history’s demonstrable relation to the job or consistency with business need. As such, State Agencies are required to establish criteria for considering criminal history information, leveraging the Equal Employment Opportunity Commission’s Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions under Title VII of the Civil Rights Act, assistance with the implementation of which is to be provided by the Office of State Human Resources (OSHR).
Exemptions
Exemptions from the requirements of the Order apply to positions for which criminal convictions preclude individuals from employment including:
- Positions which require security clearance or access to sensitive public safety and security information
- Positions requiring certification by the North Carolina Criminal Justice Education and Training Standards Commission or the North Carolina Sheriff’s Education and Training Standards Commission
- Positions subject to the Prison Rape Elimination Act
The Order additionally clarifies that employment decisions based on criminal history information are permitted when preempting state or federal law prohibits persons with certain convictions from particular positions.
Compliance with the Order is to be managed by the OSHR, and no private right of action is established. Although the Order only applies to State Agencies, the State Department of Administration will be reviewing the feasibility of extending similar policies to state contractors and will be reporting its findings by January 31, 2020. Compliance with the order is encouraged, but not required for agencies not under the Governor’s oversight, counties, municipalities, other political subdivisions, and private entities.
North Carolina employers should review their hiring policies and screening programs in response to the Order and consult with their legal counsel. Sterling clients who would like to modify their screening program in light of the Order should contact their account representative. Employers nationwide are encouraged to stay informed on the growing trend of Ban the Box and Fair Chance hiring initiatives and remain abreast of these and other employment laws in jurisdictions where they hire and are located. Other jurisdictions which have recently banned the box or initiated other fair chance measures include Waterloo, IA, Suffolk County, NY, Maryland, and St. Louis, MO, in addition to the Federal Fair Chance Act which bans the box for federal agencies and contractors.
The full text of the Order 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/
This publication is for informational purposes only and nothing contained in it should be construed as legal advice. We expressly disclaim any warranty or responsibility for damages arising out this information. We encourage you to consult with legal counsel regarding your specific needs. We do not undertake any duty to update previously posted materials.
Oct 28, 2020 @ 5:47 PM EDT | United States
On April 9, 2019, the New York City Council passed Int. 1445-A which amends Section 8-107 of the New York City Administrative Code by adding subdivision 31 to specifically prohibit employers, labor organizations, employment agencies, or their agents from requiring job applicants to submit to testing for the presence of any marijuana or tetrahydrocannabinols (THC) as a condition of employment. The ban took effect on May 10, 2020.
On June 16, 2020, the New York City Commission on Human Rights issued rules (the “Rules”) to clarify exceptions contained in the city’s Marijuana Testing Ban as it relates to safety-sensitive positions. Effective July 24, 2020, the Rules address Part E of Section 2 of the law which provides exceptions to the ban for those, “In any position with the potential to significantly impact the health or safety of employees or members of the public, as determined by: (i) the commissioner of citywide administrative services for the classified service of the city of New York, and identified on the website of the department of citywide administrative services or (ii) the chairperson, and identified in regulations promulgated by the commission”.
The Rules clarify that this definition of a “position with the potential to significantly impact the health or safety of employees or members of the public” applies to the following positions:
- Positions which regularly work on active construction sites
- Positions which regularly operate heavy machinery
- Positions which regularly work on or near power or gas lines
- Positions which drive motor vehicles on most work shifts
- Positions which fuel aircraft, provide information regarding aircraft weight and balance, or maintain or operate aircraft support equipment
- Positions in which drug impairment would post risk of death or physical harm to themselves or others
The Commission further stated that it will not be filing enforcement actions for any claims related to these clarifications arising prior to the July 24 effective date.
New York City employers should review their drug testing practices and consult with their legal counsel to avert prohibited testing. Sterling clients may contact their account representative if alterations to their services are needed.
The full text of Int. No. 1445-A can be found here and FAQs regarding the ban, it’s exceptions, and the Rules 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/
This publication is for informational purposes only and nothing contained in it should be construed as legal advice. We expressly disclaim any warranty or responsibility for damages arising out this information. We encourage you to consult with legal counsel regarding your specific needs. We do not undertake any duty to update previously posted materials.
