On Wednesday, October 21st 2020, the Pennsylvania General Assembly unanimously enacted House Bill 440 (Delozier, R-Cumberland, and McClinton, D-Philadelphia), a bipartisan bill which advances Clean Slate policies in Pennsylvania. This bill builds upon the Clean Slate Law, Act 56 of 2018, to open jobs, housing and other opportunities to Pennsylvanians with criminal cases who deserve…
Reflections from CLS Deputy Director of Operations and Chief Diversity & Inclusion Officer Brenda Marrero on racial injustice.
On June 24 2020, the General Assembly enacted Senate Bill 637 (DiSanto, R-Dauphin/Perry and Schwank, D-Berks), which reforms occupational licensing by getting rid of outdated criminal record restrictions for the professions and occupations which are regulated by boards and commissions within the Bureau of Professional and Occupational Affairs (BPOA). Prior state law perpetuated racial…
Pandemic Unemployment Assistance (PUA) was passed by Congress as part of the CARES Act to provide unemployment compensation (UC) benefits to people who have been left out of the unemployment system – including gig workers like ridesharing drivers, self-employed people, independent contractors, and people with limited wage records. This new program was executed by the…
Pennsylvania’s Clean Slate law, Act 56 of 2018, was passed to bring criminal record sealing to scale by the use of automation. Nine months into the automated sealing of cases, other states interested in replicating the model have inquired how its implementation has been going. The answer: Extremely well. Clean Slate has been effectively implemented…
April 25, 2012 was a very significant day for many millions of Americans: It was the day that the Equal Employment Opportunity Commission (the EEOC) adopted an updated enforcement guidance governing criminal records, replacing prior guidances reaching back to the 1980s. The Guidance reaffirmed that an employer’s decision making based on criminal records could constitute…
Thousands of Pennsylvanians face legal barriers to occupational licenses based on their criminal records. With over two dozen professions requiring a license by the state, many people who are otherwise fully qualified to work in a licensed occupation nevertheless face possible denial of the license due to a conviction – often, for a crime which…
Expungements: Good or Bad? Discuss. Two quite different perspectives on the value of record clearing (which I will refer to here as “expungements” as a shorthand) are sometimes articulated. Here’s one. “Expungement is the best remedy for people with records. It really does provide a clean slate. It doesn’t require employers or landlords to follow…
The following post was written by CLS Litigation Director Sharon Dietrich. I sometimes am asked for authority for the proposition that the reporting of an expunged or sealed case by a commercial screener violates the FCRA. Unfortunately, the dearth of case law directly on point keeps me from just succinctly giving a citation, even though…
You probably are wondering, “What is she talking about, with a subject line like that?” The answer to your thought is that I use this phrase when giving clients an important warning about the effect of their expungement orders. I am illustrating for them the idea that I can’t guarantee removal of their expunged cases…
