Section 46a-80 - (Formerly Sec. 4-61o). Denial of employment based on prior conviction of crime. Inquiry re prospective employee's past convictions. Dissemination of arrest record prohibited(a) Except as provided in subsection (c) of this section, subsection (b) of section 46a-81 and section 36a-489, and notwithstanding any other provisions of law to the contrary, a person shall not be disqualified from employment by the state or any of its agencies, nor shall a person be disqualified to practice, pursue or engage in any occupation, trade, vocation, profession or business for which a license, permit, certificate or registration is required to be issued by the state or any of its agencies solely on the basis of that person's conviction information, as defined in section 54-142g .(b) Except for a position for which any provision of the general statutes specifically disqualifies a person from employment by the state or any of its agencies on the basis of that person's conviction information, no employer, as defined in section 9 of this act, shall inquire about a prospective employee's conviction information until such prospective employee has been deemed otherwise qualified for the position in accordance with the provisions of section 31-51i .(c) A person may be denied employment by the state or any of its agencies, or a person may be denied a license, permit, certificate or registration to pursue, practice or engage in an occupation, trade, vocation, profession or business on the basis of that person's conviction information if, after considering (1) the nature of the crime and its relationship to the job for which the person has applied; (2) information pertaining to the degree of rehabilitation of the convicted person; and (3) the time elapsed since the conviction or release, the state or any of its agencies determines that the applicant is not suitable for the position of employment sought or the specific occupation, trade, vocation, profession or business for which the license, permit, certificate or registration is sought. In making a determination under this subsection, the state or any of its agencies shall give consideration to a provisional pardon issued pursuant to section 54-130e, or a certificate of rehabilitation issued pursuant to section 54-108f or 54-130e, and such provisional pardon or certificate of rehabilitation shall establish a presumption that such applicant has been rehabilitated. If an application is denied based on conviction information for which the applicant has received a provisional pardon or certificate of rehabilitation, the state or any of its agencies, as the case may be, shall provide a written statement to the applicant of its reasons for such denial.(d) If conviction information is used as a basis for rejection of an applicant, such rejection shall be in writing and specifically state the evidence presented and reasons for rejection. A copy of such rejection shall be sent by registered mail to the applicant.(e) In no case may erased criminal history record information, as defined in section 9 of this act, nonconviction information, as defined in section 54-142g or criminal history record information, as defined in section 54-142g apart from conviction information, be used, distributed or disseminated by the state or any of its agencies in connection with an application for employment or for a permit, license, certificate or registration.(f) Nothing in this section shall permit any employer to discriminate on the basis of erased criminal history record information in violation of section 31-51i or section 17 of this act.Conn. Gen. Stat. § 46a-80
(P.A. 73-347, S. 3, 7; P.A. 80-422, S. 28; P.A. 09-209, S. 24; P.A. 10-142, S. 1; P.A. 14-27, S. 6.)
Amended by P.A. 21-0032,S. 31 of the Connecticut Acts of the 2021 Regular Session, eff. 1/1/2023.Amended by P.A. 14-0027, S. 6 of the Connecticut Acts of the 2014 Regular Session, eff. 10/1/2014.Amended by P.A. 10-0142, S. 1 of the February 2010 Regular Session, eff. 10/1/2010.Amended by P.A. 09-0209, S. 24 of the the 2009 Regular Session, eff. 10/1/2009. Cited. 43 Conn.Supp. 13.