Limitations on “First Offense” Records
Part three in our continuing series discusses how employers may limit the use of records relating to a first offense. As of the date of publication, two states have enacted laws which give first time offenders a “do-over” of sorts.
Georgia – Certain first offender crimes in which the offender has been discharged without court adjudication of guilt are not reportable under Georgian law. The law requires that a “notification of discharge and exoneration” is to be placed upon the record by the court. This discharge is not to be viewed as a conviction, and therefore may not legally be used to disqualify an applicant in employment.
Massachusetts – This state has one of the most lenient criminal laws in the country as pertaining to future employment. Employers may not, under any circumstances, inquire or maintain records related to a first conviction for any of the following misdemeanors: drunkenness, simple assault, speeding, minor traffic violations, affray, or disturbance of the peace.
These laws are written to allow for a convicted criminal to “learn from their mistakes,” however more commonly it prevents employers from effectively screening trouble-makers from the beginning.
