The New York Office of Court Administration (OCA) recently posted the following information on its website:

“Please be advised that effective April 1, 2014, OCA will no longer report a criminal history for any individual whose only conviction was a single misdemeanor more then ten years prior to the date of the request.”

For the first time the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Federal Trade Commission (FTC) have partnered together to co-publish documents on employment background checks, explaining the rights and responsibilities for the employer and the job applicant.

The two documents are available on the EEOC’s website: Background Checks: What Employers Need to Know (http://www.eeoc.gov/eeoc/publications/background_checks_employers.cfm) and Background checks: What Job Applicants and Employee Should Know (http://www.eeoc.gov/eeoc/publications/background_checks_employees.cfm)

“The No. 1 goal here is to ensure that people on both sides of the desk understand their rights and responsibilities,” Peggy Mastroianni, EEOC Legal Counsel  stated in a press release  titled EEOC and FTC Offer Joint Tips on Use of Employment Background Checks.

Governor Mark Dayton signed a bill expanding the “Ban the Box” law to private employers that will go into effect beginning Jan. 1, 2014. “Ban the Box” has applied to public employers in Minnesota since 2009. The law requires public, and now private, employers to wait until a job applicant has been selected for an interview or a conditional offer of employment has been extended before asking a job applicant about criminal records or conducting a criminal record check. This law offers the vast majority of individuals with a non-violent criminal record a second chance at an opportunity for employment to better their lives.

Existing laws will continue to protect vulnerable adults and children from people with violent or sexual criminal histories. Additionally, employers may exclude applicants if a crime is relevant to the position’s job duties.

The new law outlines potential penalties for employers found in violation of the law. If the Human Rights commissioner finds that a violation has occurred, the commissioner may impose penalties.