EmployeeScreenIQ

Tuesday, June 2, 2009

 

Background Check Change Questioned in New York

Officials in New York are disagreeing on whether or not a change to the state's background check laws is a good idea.

Sen. Frank Padavan
recently introduced a bill that would stop a change to rules pertaining to background checks that were set during the Rockefeller drug law reforms. Those reforms are set to take effect June 8 as part of the 2009-2010 state budget.

According to an article by EmpireStateNews, the bill would put a stop to the rule that allows courts to seal criminal records of certain drug felons when they complete drug court. This means there is no record of a criminal's conviction when they apply for future jobs.

"This change defies all common sense because it would effectively wipe the slate clean for drug dealers who undergo criminal background checks when seeking employment in certain positions," Padavan said in the article. "This means convicted drug dealers could be taking care of children at a day care center or as a nanny, teaching at a school, or working at a nursing home or some other position of trust."

Under the proposed provision to be included with the budget, courts are allowed to seal a criminal's current conviction and up to three prior misdemeanors in order to keep them from being disclosed during background checks.

"The sponsor of this budget measure says it was intended to give criminals a better chance to get a job, but it goes against other laws that are intended to give the public a better chance to ensure their safety," Padavan added. "My bill would fix this by striking what was a dangerous provision hidden in a bad budget."

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