Connecticut Background Check and Ban-the-Box Laws

This summary of Connecticut’s background check regulations and ban-the-box policies is frequently updated. However, due to the fast-changing nature of legislation, we recommend consulting with legal counsel for the most accurate and up-to-date guidance.

Fair Credit Reporting Act (FCRA)

The Fair Credit Reporting Act (FCRA) is a federal law that sets standards for how employers handle background checks during the hiring process. It provides protections for both employers and job applicants.

Connecticut State Laws

• Conn. Gen. Stat. 31-51i(h)(2):

  • Our Take: When an employer receives a criminal record report from a consumer reporting agency, the employer is required to provide the applicant with written notification and a copy of the report.

• Public Act No. 11-223:

  • Our Take: Employers in Connecticut are prohibited from using credit reports in employment decisions unless:
    • The employer is a financial institution,
    • The employer has a reasonable belief that the employee is engaged in unlawful activity, or the credit report is directly related to the job’s responsibilities.

Ban-the-Box & Fair Hiring Laws

State Laws — Public and Private Employers

• Who must comply: Connecticut’s ban-the-box law applies to all employers, both public and private.
• Timing of inquiry: Employers are not allowed to ask about a candidate’s criminal history on the initial job application.
• Consideration of records: Employers cannot reject or terminate an employee based on:
  • Expunged records,
  • Convictions for which the applicant has been granted a provisional pardon, or
  • A certificate of rehabilitation under Conn. Gen. Stat. § 54-130a or § 54-108f.
• Adverse action: If an employer decides not to hire a candidate based on background check results, the final notice must explain the specific information that led to the adverse decision and why it impacted the hiring outcome.