With more states legalizing cannabis and the automatic expungement of low‑level marijuana convictions, employers are entering uncharted territory. At the same time, workplace safety and compliance requirements haven’t gone away. The landscape of employment screening is shifting quickly and cannabis reform is at the center of it. So how can organizations strike the right balance?
A Wave of Expungements Is Reshaping Criminal Records
Over the past year, states like Minnesota, New York, Illinois, and others have begun automatically expunging low‑level marijuana convictions under “clean slate” or legalization laws. For employers these changes can create confusion.
Records that may have appeared in a background check last year may now be sealed or erased entirely. While expungements are a step forward for fairness and equity, they also mean hiring managers can no longer rely on outdated records or internal archives when making decisions.
Why Continuous Monitoring Still Matters
Although expungement clears old records, new criminal activity can still pose risks to your organization.
This is where continuous monitoring comes in. Unlike one‑time pre‑employment checks, continuous monitoring services track employees’ public records on an ongoing basis, alerting you to potential issues that could impact workplace safety or compliance.
Continuous monitoring is especially valuable in:
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Safety‑sensitive industries (transportation, healthcare, construction).
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Regulated environments (financial services, government contractors).
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Roles with access to vulnerable populations or sensitive data.
Know Your State’s Laws on Cannabis Testing
In addition to expungement, many states are also limiting what employers can consider when it comes to marijuana.
For example:
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In New York, employers can’t take adverse action based solely on off‑duty, legal cannabis use.
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In California, most pre‑employment cannabis testing is now prohibited unless the role is safety‑sensitive.
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In Washington, pre‑employment cannabis screening was banned for most jobs effective 2024.
Employer Guidance
Employers can take several proactive steps to stay compliant and maintain workplace safety in this evolving legal landscape. First, ensure all background checks are up‑to‑date and avoid relying on outdated or archived records that may now include expunged offenses. Consider incorporating continuous monitoring into your risk management strategy to stay informed of new criminal activity, particularly in safety‑sensitive or regulated roles and always notify employees and adhere to applicable laws when doing so. Finally, review and update your drug testing policies to align with state restrictions on cannabis screening. Regularly training managers, communicating policy changes clearly to employees, and partnering with a trusted screening provider will help ensure your program is fair, effective, and compliant.
At GIS, we help employers navigate this evolving environment with confidence. From up‑to‑date criminal background checks to continuous monitoring solutions and compliance guidance, our team is here to help you protect your organization and your people. Contact us today to learn more about how we can tailor a screening and monitoring program to fit your needs.
