Statewide Laws

Your state may have other laws that protect the rights of people with criminal histories.

To find out about your state’s laws, select the state where you are seeking employment from the drop-down menu below:

Connecticut – Statewide Laws

The right to vote, hold public office, serve on a jury, and carry a firearm may be affected by a Connecticut conviction.

Voting and Public Office: The right to vote and the right to hold public office are lost for people who have been convicted of a felony and are incarcerated. You are eligible to have voting rights restored upon the release from confinement, parole, and payments of any fines. To restore your voting rights, visit the Registrar of Voters of the city or town where your reside. You must submit written proof of your discharge from your incarceration and parole. For more information on restoring your right to vote, see the Connecticut Secretary of State website here: Restoration of Voting Rights of Convicted Felons Fact Sheet.

Your right to hold public office is restored automatically once your right to vote has been restored.

Jury: The right to serve on a jury is lost when convicted of a felony. This right is automatically restored seven years after that date, unless you are receive another conviction. An Absolute Pardon can restore this right earlier. To learn more about Absolute Pardons, see sections: Connecticut - Pardon or Connecticut - Expungement.

Firearms: A permit to carry a revolver or a pistol is prohibited to a person convicted of a felony or adjudicated delinquent for a “serious juvenile offense.” To restore your firearm rights, you must obtain an Absolute Pardon. To learn more about Absolute Pardons, see sections: Connecticut - Pardon or Connecticut - Expungement.

Commutation: Connecticut allows you to apply for a Commutation of your sentence.  A commutation is a change to your current sentence to a lesser term, whether incarcerated or on supervision. The Board of Pardons and Parole is currently revising the Commutation Application and Policy. For more information about commutations, visit the Board of Pardon and Paroles website here: State of Connecticut Board of Pardons and Parole.

Ban the Box

Connecticut has a statewide Ban the Box law. Public and private employers may not ask about criminal history on job applications. Employers may not ask about erased records at any time. Prior convictions that received a Provisional Pardon or Certificate of Employability cannot be the sole basis for discharge.









 

Loc level field:
State field: Connecticut

Massachusetts – Statewide Laws

Civil Rights: Massachusetts restores your right to vote when you are released from incarceration. The Commonwealth restores your right to sit on a jury when you are released for a misdemeanor and seven years after you are released for a felony. Your right to hold public office is also restored upon release. Firearm rights may be restored five years after release depending on the offense or by a pardon.

Ban the Box

The Commonwealth of Massachusetts has a statewide Ban the Box policy. Both public and private employers with six or more employees cannot ask about criminal history on job applications, unless there is a legal restriction that applies to a specific job or occupation.

During interviews, employers may ask about misdemeanor convictions that go back only three years, felonies that go back ten years; and pending criminal charges. The law prohibits employers from asking about sealed or expunged records. You have the right to receive a copy of the criminal history report prior to being questioned about your history and if an adverse decision is made based on the report.

Employers are required to explicitly state on applications, which will seek criminal history information, a statement that applicants with sealed or expunged convictions can be considered as not having a record (2018 Amendment).

For more information, visit: Criminal Offender Record Information Administrative Procedure Reforms.

















 

Loc level field:
State field: Massachusetts

New Jersey – Statewide Laws

New Jersey automatically restores your right to vote when you complete your sentence, probation, or parole. For more information about the restoration of civil rights in New Jersey, visit the Collateral Consequences Resource Center’s Restoration of Rights Project website here: New Jersey - Restoration of Rights, Pardon, Expungement & Sealing.

Ban the Box:

Under "The Opportunity to Compete Act" (OTCA),  New Jersey legally requires most public and private employers with at least 15 employees to delay inquiries into an applicants criminal history until the employer has conducted the first interview. Online record searches are prohibited in the initial stages of the job application process. Employers cannot consider an applicant's expunged or pardoned convictions. There are significant financial penalties if an employer violates the law.

Employers may not inquire into a New Jersey applicant’s expunged criminal history.

Loc level field:
State field: New Jersey

New York - Statewide Laws

New York State has laws to make sure you are not wrongfully discriminated against when seeking employment or licensure.

New York State Human Rights Law, N.Y. Exec Law Section 296(16):

This law makes it illegal for public and private employers to ask you about sealed convictions or to refuse to hire or promote you because of a sealed record.

New York State Correction Law Article 23-A:

This law requires that employers and agencies perform an 8-step analysis before denying you a job or license based on your criminal record. This law applies if you:

  • Submitted an application for an occupational license or job with any public or private employer;
  • Were previously convicted of one or more criminal offenses in New York or in any other jurisdiction; and
  • Were convicted of one or more offenses prior to getting the license or job.

If you have a conviction history and apply for a job or an occupational license, the employer or agency must take into account the following factors when considering you for the job or license:

  1. New York State encourages the employment of people with criminal histories;
  2. The job-specific duties and responsibilities you need for the position;
  3. The impact that your criminal record has on your fitness or ability to perform the duties or responsibilities of the job;
  4. The amount of time that has passed since you were convicted of a criminal offense or offenses;
    • The employer must take into account how long it’s been since your last contact with the criminal justice system.
  5. Your age when the offense was committed;
  6. The seriousness of the offense(s);
  7. Whether or not you can provide someone who is willing to speak on your behalf and vouch for your rehabilitation or good conduct. The information provided should help the employer to understand who you are as a person now, rather than when you committed the offense.
    • Examples of this include: education or training, reference letters from community members and/or clergy, or letters from previous employers both pre-/post-conviction(s);
  8. The employer has the right to protect their property, and they can consider the impact that your employment has on the general welfare and safety of others when hiring.

Even with this law, there are some convictions that will disqualify you from some jobs or licenses.

Certificates of Relief from Civil Disabilities and Certificates of Good Conduct are proof of positive change for potential employers and agencies when applying for jobs or licenses.
Loc level field: state
State field: New York

Pennsylvania – Statewide Laws

Criminal History Records: The Pennsylvania State Police (PSP) must edit any arrests, indictments, nonconvictions, and "no proceedings pending" that are over three years old before releasing a record. This edit requirement is one reason why it can take several months to get a criminal history record from the PSP.

Licensing: An agency cannot deny a professional license solely based on a conviction. An agency can deny a license if the petitioner was convicted of a felony or misdemeanor that is related to the profession. The agency must tell the petitioner why it denied the license.

Employment: A state employer is prohibited from asking about a criminal history on a job application. This policy also limits the consideration of a criminal history during the hiring process. A state employer can only consider a criminal history if it relates to the applicant's suitability for the job. If the employer denies employment based on criminal history, it must tell the applicant in writing.

Early termination of probation: Pennsylvania offers an early end to probation. It allows you to say to employers that you are not serving a sentence and could make you eligible for expungement sooner. The early termination process takes about five to six months.

You are eligible for early termination if all of the following statements are true:

  • You have paid all your fines and costs;
  • You have completed all court-ordered classes and treatment; and
  • Your probation period is at least half over.

You are much more likely to get an early termination if you have the support of your parole agent. He or she can apply on your behalf or support your petition. 

Voting: The Commonwealth of Pennsylvania restores your right to vote unless you are currently incarcerated for a felony or you were convicted of an election-related offense within the last four years. Voting rights are automatically restored upon release from prison, and people on parole or probation can vote. If you have a criminal history, you should re-register to vote.

Ban the Box

Pennsylvania does not have a Ban the Box law, but it does have a hiring policy that prohibits a state employer from asking about a criminal history on job applications for non-civil service positions. The policy also limits how much consideration state employers can give to criminal history during the hiring process. Employers can consider an applicant's criminal history only if it relates to his or her suitability for the job. If the employer does not hire because of the applicant's criminal history, it must say so in writing.

Exceptions to this policy include security personnel, law enforcement, and those working with vulnerable positions.

Loc level field:
State field: Pennsylvania

Vermont – Statewide Laws

In Vermont, if you have been criminally convicted, you will not lose your right to vote or hold office, even while you are incarcerated. However, you will lose your right to serve on a jury upon a conviction of any felony, unless you are pardoned.

Generally, if you have been criminally convicted, you will not lose your firearms rights under state law, but the sentencing court may prohibit possession of firearms as a condition of probation. However, if you have been convicted of a felony under Vermont law and you have not been pardoned, or your convictions have not been sealed or expunged, you will remain subject to federal firearms restrictions by virtue of the state’s failure to restore your civil rights.

Ban the Box

In Vermont, public and private employers cannot ask about your criminal history on an initial job applications. Questions about your criminal history may only be asked during an interview or after you have been deemed otherwise qualified for the position. There are certain exceptions to this, including positions where state or federal law creates a mandatory or presumptive employment disqualification based on one or more types of convictions. In these cases, you may only be asked about those convictions that would trigger the disqualification, and you will be given an opportunity to explain the circumstances of any conviction, including post-conviction rehabilitation.

Loc level field:
State field: Vermont