CONSEQUENCES OF A FELONY
CONVICTION REGARDING
EMPLOYMENT
George Coppolo, Chief
Attorney
Chris Reinhart, Senior
Attorney
Jennifer Nelson, Legislative
Intern You asked what are
the consequences of a felony
conviction with respect to
employment.
SUMMARY
A convicted felon could lose
a professional license or
permit. But, licensing
agencies are restricted in
their ability to revoke
licenses because a person
cannot be disqualified from
engaging in any occupation,
profession, or business for
which a state license or
permit is required solely
because of a prior
conviction of a crime except
under certain conditions.
Employers can ask job
applicants whether they have
been convicted of a crime
although federal
anti-discrimination laws
place some restrictions on
the use of criminal
histories. State law also
prohibits employers,
including the state and its
political subdivisions, from
taking certain actions
against people who have
their conviction records
erased by an absolute
pardon.
In addition, a number of
statutes apply to people
convicted of certain
felonies or types of crimes.
1. The State Board of
Education (SBE) cannot issue
or renew, and must revoke,
the certificate,
authorization, or permit of
someone convicted of certain
crimes. The SBE can also
take one of these actions if
the person is convicted of a
crime of moral turpitude or
of such a nature that the
board feels that allowing
the holder to have the
credential would impair the
credentials standing.
2. The Department of
Children and Families must
deny a license or approval
of a foster family or
prospective adoptive family
if any member of the
families household was
convicted of a crime that
falls within certain
categories, which can
include felonies.
3. Someone convicted under
federal or state law of a
crime involving possession
or sale of a controlled
substance is not eligible
for federal assistance for
higher education expenses
for certain periods.
In addition, private
organizations may also
consider a persons criminal
background. For example,
Little League recently
adopted regulations to check
volunteers and employees for
convictions of crimes
against or involving minors.
EMPLOYMENT
Many statutes authorize
government agencies to
revoke or suspend licenses
or permits for conviction of
a felony. But the law also
restricts the ability of
agencies to do so. A person
is not 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 of Connecticut or
any of its agencies solely
because of a prior
conviction of a crime
(Section 46a-80(a)).
Connecticut law declares the
public policy of encouraging
employers to hire qualified
ex-offenders (Section
46a-79). A person is not
disqualified from state
employment solely because of
a prior conviction of a
crime. The state can deny
employment or a license,
permit, certificate, or
registration if the person
is found unsuitable after
considering (1) the nature
of the crime, (2)
information relating to the
degree of rehabilitation,
and (3) the time elapsed
since the conviction
or release (Section 46a-80).
These statutes (Section
46a-79 et seq.) prevail over
agencies authority to deny
licenses based on the lack
of good moral character and
to suspend or revoke
licenses based on conviction
of a crime. But they do not
apply to law enforcement
agencies, although an agency
can adopt such a policy
(Section 46a-81).
Licenses, Permits And
Conviction Of A Felony
Many licensing and permit
statutes authorize an agency
to suspend or revoke a
license or permit based on
conviction of a felony,
including the following.
1. Architects (Section
20-294).
2. Private detectives,
watchmen, guards, and patrol
services (Section 29-158).
3. Professions under the
jurisdiction of the
Department of Public Health
specifically including
healing arts, medicine and
surgery, osteopathy,
chiropractic, naturopathy,
podiatry, physical
therapists, nursing, nurses
aides, dentistry, optometry,
opticians, psychologists,
marital and family
therapists, clinical social
workers, professional
counselors, veterinary
medicine, massage
therapists,
dietician-nutritionists,
acupuncturists, paramedics,
embalmers and funeral
directors, barbers,
hairdressers and
cosmeticians, and
hypertrichologists (CGS
19-17 and various other
statutes).
4. Attorneys (CGS 51-91a).
5. Judges, family support
magistrates, workers
compensation commissioners
(CGS 51-51i).
6. Radiographers and
radiologic technologists
(CGS 20-74cc).
7. Midwives (CGS 20-86h).
8. Licensed: electricians;
plumbers; heating, piping,
and cooling contractors and
journeymen; elevator
contractors and craftsmen;
solar contractors and
journeymen; fire protection
sprinkler contractors and
journeymen; irrigation
contractors and journeymen;
sheet metal contractors and
journeymen; and automotive
and flat glass contractors
and journeymen.
9. Major contractors (CGS
20-341gg).
10. Lead abatement
consultants, contractors,
and workers (CGS 20-481).
11. Public service gas
technicians (CGS 20-540).
12. Certified public
accountants (CGS 20-281a).
13. Psychologists (CGS
20-192).
14. Individuals and
businesses selling insurance
(CGS 38a-702k and
38a-660(h)).
15. Licensed social workers
(CGS 20-195p).
16. Athlete agents (CGS
20-559e).
In addition, the statutes
prohibit licensing a
convicted felon as a
pawnbroker (CGS 21-40), a
professional bondsman (CGS
29-145) or a bail
enforcement agent (CGS
29-152f). A person convicted
of a felony cannot be
employed as an agent,
operator, assistant, guard,
watchman, or patrolman,
subject to the general state
policy (CGS 29-156a). A
chief of police or first
selectman shall refuse to
issue a license for the
purchase of precious metals
and stones to a person who
has been convicted of a
felony (CGS 21-100). The
commissioner of the
Department of Consumer
Protection can suspend,
revoke, or refuse to grant
or renew a permit for the
sale of alcoholic liquor
(CGS 30-47), registration
for a manufacturer or
wholesaler of drugs (CGS
21a-70) if convicted of a
felony.
CGS 19a-87a grants the
public health commissioner
the discretion to refuse to
issue, suspend or revoke a
license to a day care home
or group day care center if
the owner or operator or any
employee having direct
contact with children has
been convicted of any felony
in which the victim is under
age 18.
Licenses, Permits and
Certain Crimes
Other licensing and permit
statutes include provisions
on suspension or revocation
on conviction of certain
crimes (such as those
related to the profession,
fraud, or extortion) or lack
of good moral character.
These could involve felony
convictions. These statutes
include the following.
1. Consumer collection
agencies (for actions of a
partner, officer, director,
or employee) (CGS 36a-804).
2. Real estate appraisers
(CGS 20-521).
3. Occupational therapists
(CGS 20-74g).
4. Real estate brokers and
salespersons (CGS 20-316,
20-320).
5. Television and radio
service dealers, electronics
technicians, apprentice
electronics technicians, and
antenna technicians, radio
electronics technicians (CGS
20-354).
6. Sanitarians (CGS 20-363).
7. Landscape architects (CGS
20-373).
8. Interior designers (CGS
20-377r).
9. Hearing aid dealers (CGS
20-404).
10. Community association
managers (CGS 20-456).
11. Pharmacy licensees (CGS
20-579).
12. Practitioners
distributing, administering,
or dispensing controlled
substances (CGS 21a-322).
13. New home construction
contractors (CGS 20-417c).
14. Physical Therapists and
physical therapy assistants
(CGS 20-73a)
The consumer protection
commissioner can refuse to
issue or renew the home
improvement contractor or
salesman registration of
anyone required to register
as a sexual offender. The
Home Inspection Licensing
Board can refuse to issue or
renew a home inspector
license or a home inspector
intern permit to anyone
required to register as a
sexual offender (CGS 20-426,
20-494).
The motor vehicles
commissioner may revoke or
permanently disqualify
commercial operator licenses
(CGS 14-44k).
The public safety
commissioner may revoke or
suspend a permit or license
for the storage,
transportation, and use of
explosives and blasting
agents (CGS 29-349(f)).
State Employees
The state Personnel Act
permits state agencies to
discharge classified
employees for incompetence
or other reasons relating to
the effective performance of
[their] duties (CGS
5-240(c)). Its regulations
allow the state to dismiss
employees who are convicted
of a (1) felony, (2)
misdemeanor committed while
on duty; or (3) misdemeanor
committed while off-duty
that could affect their job
performance (Conn. Agencies
Regs. 5-240-1a). In most
cases, it must give
employees notice and a
hearing prior to dismissal.
And a union member may
grieve and get an
arbitrators ruling on
whether the conviction was
just cause for discharge
under the specific terms of
the union contract.
Pam Libbey of the Department
of Administrative Services
(DAS) reports that the
department does not have a
policy specifying when
background checks, including
criminal history checks,
must be done for state job
applicants, and each agency
sets its own rules.
Private Employment
Asking job applicants to
indicate whether they have
been convicted of a crime is
permissible but Title VII of
the Civil Rights Act of 1964
appears to restrict an
employer's ability to use
criminal background
information in the hiring
process (42 USC. 2000e, et
seq. ). The Equal Employment
Opportunities Commission
(EEOC), the federal agency
that enforces Title VII, has
decided that disqualifying
people who have criminal
records from jobs is
discriminatory because the
practice disproportionately
affects African American and
Hispanic men. (Those two
groups have much higher
criminal conviction rates
than do Caucasian men. )
The EEOC has ruled
repeatedly that covered
employers cannot simply bar
felons from consideration,
but must show that a
conviction-based
disqualification is
justified by business
necessity. The legal test
requires employers to
examine the (1) nature and
gravity of the offense or
offenses, (2) length of time
since the conviction or
completion of sentence, and
(3) nature of the job held
or sought. Under this test,
employers must consider the
job-relatedness of a
conviction, the
circumstances of the
offense, and the number of
offenses (EEOC Compliance
Manual, 604 Appendices).
Pardons
State law prohibits
employers, including the
state and its political
subdivisions, from taking
certain actions against
people who have their
conviction records erased by
an absolute pardon. An
employer cannot require an
employee or prospective
employee to disclose such
records or deny employment
or discharge an employee
solely because of records.
An employment application
form asking for criminal
history information must
contain a clear notice that
the applicant need not
disclose erased information
and that he is considered
never to have been arrested
and can swear it under oath
(CGS 31-51i).
EDUCATION
The State Board of Education
(SBE) can revoke a teacher
or school administrator
certificate or an
authorization or permit
(such as those held by
athletic coaches, substitute
teachers, and teachers
teaching outside their
endorsement area) of a
person convicted of a crime
of moral turpitude or of
such a nature that the board
feels that allowing the
holder to keep the
credential would impair the
credentials standing (CGS
10-145b(m)(1)).
The SBE must revoke a
certificate, permit, or
authorization when the
holder is convicted of
certain crimes. This
includes convictions for (1)
a capital felony; (2) arson
murder; (3) any class A
felony; (4) a class B
felony, except first-degree
larceny, computer crime, or
vendor fraud; (5) risk of
injury to a minor; (6)
deprivation of a persons
civil rights by a person
wearing a mask or hood; (7)
second-degree assault of an
elderly, blind, disabled,
pregnant, or mentally
retarded person; (8)
second-, third-, or
fourth-degree sexual
assault; (9) third-degree
promoting prostitution; (10)
substitution of children;
(11) third-degree burglary
with a firearm; (12) crimes
involving child neglect;
(13) first-degree stalking;
(14) incest; (15) obscenity
as to minors; (16) importing
child pornography; (17)
criminal use of a firearm or
electronic defense weapon;
(18) possession of a weapon
on school grounds; (19)
manufacture or sale of
illegal drugs; and (20)
crimes involving child abuse
(CGS 10-145b(m)(2)).
The SBE may deny a
certificate, authorization,
or permit application if the
applicant has been convicted
of a crime of moral
turpitude or of such a
nature that the board feels
that granting the credential
would impair its standing
(CGS 10-145b(m)(3)). The SBE
cannot issue or reissue a
certificate for a person
convicted of one of the
crimes listed above until at
least five years after the
person finishes serving his
sentence (including
probation or parole) for the
conviction (CGS 10-145i).
STUDENT LOANS AND AID
A higher education student
is not eligible for federal
assistance if he is
convicted under federal or
state law of a crime
involving possession or sale
of a controlled substance.
This includes grants, loans,
or work assistance. For a
conviction of possession, a
person is ineligible for one
year for a first offense,
two years for a second
offense, and indefinitely
for a third offense. For a
sale conviction, a person is
ineligible for two years
for a first offense and
indefinitely after a second
offense. A student can
regain eligibility before
the end of the specified
period if (1) he
satisfactorily completes a
drug rehabilitation program
with certain criteria or (2)
the conviction is reversed
and otherwise removed (20
USC 1091(r)).
PRIVATE ORGANIZATIONS
Other organizations may
consider a persons criminal
background. For example,
Little League regulations
for the 2003 season require
volunteers and employees to
undergo annual background
checks and prohibit anyone
convicted of a crime against
or involving a minor from
participating as a volunteer
or employee. At a minimum,
the regulations require
local leagues to check the
sex offender registry in the
state where the applicant
resides or, if unavailable,
a state criminal background
check if allowed by law.
Leagues can elect to conduct
a national criminal
background check (see OLR
Report 2003-R-0048).
GC: dw
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