Connecticut background check laws for employers

At a glance

The Connecticut rules on each topic, in one line. Federal law applies to every topic.

When you may ask about criminal history

Who it covers: Employers with one or more employees, public and private (46a-80a(3), adopted by 31-51i(a)). Law enforcement agencies are outside 46a-79 to 46a-81 (46a-81(b)).

In force since: January 1, 2017

No employer may ask about a prospective employee’s prior arrests, criminal charges, or convictions on an initial employment application. A second statute sets the timing: no employer may ask about a prospective employee’s conviction information until the person has been deemed otherwise qualified for the position (46a-80(b)). The statute does not say what ‘otherwise qualified’ requires; a conditional offer is the common way to show it. An application that asks about criminal history must carry a clear notice that the applicant need not disclose erased records and may swear the arrest never happened. An employer may not deny employment solely because of erased records, a provisional pardon, or a certificate of rehabilitation. No individualized-assessment factors or waiting period bind private employers; the 46a-80(c) factors bind the state and its licensing agencies. Complaints under 31-51i(b), (d), (e), and (f) go to the Commission on Human Rights and Opportunities or the Superior Court.

Exceptions

• The employer is required by an applicable state or federal law to ask (31-51i(b)(1)).
• A security or fidelity bond, or an equivalent bond, is required for the position (31-51i(b)(2)).
• 46a-80(b) timing rule: positions for which a statute specifically disqualifies a person from state employment because of conviction information (46a-80(b)).

Conn. Gen. Stat. 31-51i(b) · Conn. Gen. Stat. 31-51i(e) · Conn. Gen. Stat. 46a-80(b) · Conn. Gen. Stat. 46a-80a(3)

What a background check report may include

Who it covers: Consumer reporting agencies and background screening providers that report criminal matters of public record for employment purposes; employers in Connecticut.

In force since: May 1, 2008

Connecticut has no state seven-year rule of its own; the federal FCRA limits apply. The state instead regulates erased records and criminal public-record reporting. A consumer reporting agency that puts criminal matters of public record in an employment report must, when it issues the report, tell the consumer it is reporting criminal public records and name the recipient. It must keep procedures so the criminal records are complete and current on the issue date, which means buying the Judicial Branch’s erasure updates and permanently deleting erased records within thirty days. Erased records (not-guilty, dismissed, nolled, pardoned, youthful-offender, Clean Slate) are treated as if the arrest never happened, and an employer may not require their disclosure.

Exceptions

• A federal agency or department obtaining a report for employment under 15 USC 1681b(b)(4)(A) (31-51i(i)(3)).

Conn. Gen. Stat. 31-51i(i)(2)(A) · Conn. Gen. Stat. 54-142e(b)

Sealed and expunged records

Who it covers: All Connecticut employers and their agents (31-51i(c)-(f)); consumer reporting agencies and background screening providers (54-142e).

In force since: January 1, 2023

Clean Slate (P.A. 21-32). Convictions are erased by operation of law: misdemeanors (and motor vehicle violations with a maximum term of one year or less) seven years after the most recent judgment of conviction; class D and E felonies, unclassified felonies with a maximum term of five years or less, and DUI (14-227a) ten years after. Automatic erasure covers offenses committed on or after January 1, 2000; earlier offenses need a petition. Not eligible: family-violence crimes (on or after January 1, 2000), sexual offenses under 54-250, a list of named offenses, and a DUI followed by another DUI within ten years. Erasure waits until the person has finished all incarceration, parole, and probation for post-2000 convictions and has no pending Connecticut charge. Erased records are deemed never to have occurred. An employer may not require disclosure of erased records, may not deny employment or discharge solely because of them, and must print the erased-record notice on any application that asks about criminal history. Screening providers must delete erased records within thirty days of the Judicial Branch update. A person who acts in good faith on a record within thirty days after it should have been marked erased is not liable (54-142t(f)). Automated erasures started late: the State scheduled them to finish by January 31, 2024, then paused them, and has since resumed them.

Exceptions

• Offenses excluded by 54-142a(e)(2): family violence crimes on or after January 1, 2000; nonviolent sexual and sexually violent offenses (54-250); violations of the listed sections (29-33, 53a-60a to 53a-60c, 53a-61a, 53a-64bb, 53a-64cc, 53a-72a, 53a-90a, 53a-103a, 53a-181c, 53a-191, 53a-196, 53a-196d, 53a-196f, 53a-211, 53a-212, 53a-216, 53a-217, 53a-217a, 53a-217c, 53a-322, 53a-323, 54-251 to 54-254, 53a-189a(a)(1)); and a 14-227a conviction followed by another within ten years.
• Erasure does not run until sentences are complete and no charge is pending (54-142a(e)(3)).
• Employers required by state or federal law to ask about criminal history keep the 31-51i(b)(1) application exception, but erased records remain off limits.

Conn. Gen. Stat. 54-142a(e)(1)(A)(i) · Conn. Gen. Stat. 31-51i(c) · Conn. Gen. Stat. 31-51i(d) · Conn. Gen. Stat. 54-142a(e)(2)(A) · Conn. Gen. Stat. 54-142t(f) · Clean Slate Connecticut (State of Connecticut), About the program · Clean Slate Connecticut (State of Connecticut), home page update

Credit checks for employment

Who it covers: Any person engaged in business with one or more employees, including the state and political subdivisions.

In force since: October 1, 2011

An employer may not require an employee or applicant to consent to a credit report that shows credit score, account balances, payment history, or savings or checking balances or account numbers as a condition of employment, unless the employer is a financial institution, the report is required by law, the employer reasonably believes the employee broke a law related to the job, or the report is substantially related to the job or the employer has a bona fide job-related purpose disclosed in writing. ‘Substantially related’ is defined by position: managerial, access to personal or financial data, fiduciary authority, expense account or corporate card, trade secrets or confidential data, or access to nonfinancial assets of $2,005 or more. Complaints go to the Labor Commissioner; civil penalty $300 per inquiry.

Exceptions

• Financial institutions (banks, credit unions, insurers, investment advisers, broker-dealers, SEC registrants, licensed mortgage lenders, brokers, and servicers) (31-51tt(a)(3), (b)(1)).
• Reports required by law (31-51tt(b)(2)).
• Reasonable belief the employee engaged in specific unlawful activity related to the job (31-51tt(b)(3)).
• Report substantially related to the job, or bona fide job-related purpose disclosed in writing (31-51tt(b)(4)).

Conn. Gen. Stat. 31-51tt(b) · P.A. 11-223, sec. 1

Salary history questions

Who it covers: Any employer using the services of one or more employees for pay, including the state and its political subdivisions.

In force since: January 1, 2019

An employer may not ask, or direct a third party to ask, about a prospective employee’s wage and salary history unless the person volunteered it. The employer may ask about other elements of a compensation structure but not their value. Since October 1, 2021 the employer must give an applicant the wage range for the position on request or before an offer, and give employees the range at hire, on a change of position, or on first request. From October 1, 2026 (P.A. 26-12) every internal or public job advertisement must state the wages or wage range, set in good faith, plus a general description of benefits; the duty covers positions performed in Connecticut and out-of-state positions that report to a Connecticut supervisor, office, or worksite. Remedies: civil action within two years for compensatory damages and fees (punitive damages removed by P.A. 26-12).

Exceptions

• Actions taken under a federal or state law that specifically authorizes disclosure or verification of salary history for employment purposes (31-40z(b)(5)).
• Voluntary disclosure by the prospective employee (31-40z(b)(5)).

Conn. Gen. Stat. 31-40z(b)(5) · P.A. 26-12, sec. 2 (amending 31-40z(b)(10)), effective October 1, 2026

Cannabis use and testing

Who it covers: Employers as defined in 31-58, with employees and independent contractors covered (21a-422o).

In force since: July 1, 2022

An employer may adopt a written policy barring cannabis possession, use, or consumption. It must give the policy to employees before it takes effect and to applicants with an offer or conditional offer. Without such a policy, an employer may not fire or take adverse action against an employee for using cannabis outside the workplace. An employer may not refuse to hire or penalize a person for cannabis use before employment unless not doing so would breach a federal contract or cost federal funding. A drug test positive only for THC metabolite (11-nor-9-carboxy-delta-9-THC) may not be the sole basis to refuse to hire, fire, or penalize a non-exempt employee or applicant. The exceptions: a federal contract or funding conflict, reasonable suspicion of use at work, articulable symptoms of impairment at work, or a test under a written random-testing policy or of an applicant with a conditional offer, where the written policy says a THC positive may lead to adverse action. So pre-employment THC testing after a conditional offer is allowed if the written policy says so. Employers need not accommodate use or impairment at work. Exempted employers and exempted positions are carved out of the protections. An aggrieved person may sue (21a-422r).

Exceptions

• Exempted employers by NAICS sector: mining (21), utilities (22), construction (23), manufacturing (31-33), transportation and delivery (48-49), educational services (61), health care and social assistance (62), justice and public safety (9221), national security (928) (21a-422o(3)).
• Exempted positions: firefighter, EMT, police and corrections, positions requiring federal or state drug screening (CDL, 49 CFR 40, 14 CFR 120), OSHA construction safety certification, DoD or DOE clearance, positions under a conflicting contract or collective bargaining agreement or federal law, federally grant-funded positions, care of children, patients, or vulnerable persons, positions the employer determines could affect health or safety, anti-drug nonprofits (21a-422o(4)).
• Federal contract or federal funding conflicts (21a-422p(b)(2)(B), 21a-422q(1)).

Conn. Gen. Stat. 21a-422p(b)(2)(A) · Conn. Gen. Stat. 21a-422q · Conn. Gen. Stat. 21a-422q(4)

Drug and alcohol testing procedures

Who it covers: Private employers (any individual, corporation, partnership, or unincorporated association); the state and political subdivisions are excluded (31-51t(2)).

Connecticut constrains private-employer urinalysis drug testing. Applicants: the employer may require a test only if it tells the applicant in writing at the time of application that it intends to test, the test uses a reliable method with a GC/MS (or equivalent) confirmation of any positive, and the applicant gets a copy of a positive result; results are confidential. Employees: no test without reasonable suspicion that the employee is under the influence of drugs or alcohol that adversely affects or could adversely affect job performance; random testing only where federal law authorizes it, for occupations designated high-risk or safety-sensitive by Labor Department regulation, school bus and student transportation drivers, or a voluntary employee assistance program. No adverse action may rest solely on a positive result without a confirmed second test. No direct observation of specimen collection. Results are medical records. Aggrieved persons may sue for damages and fees.

Exceptions

• The state and its political subdivisions (31-51t(2)).
• Random tests authorized under federal law, for designated high-risk or safety-sensitive occupations, school bus and student transportation drivers, or voluntary EAP participants (31-51x(b)).
• Medical screenings for toxic exposure with written consent; discipline for being under the influence at work; pari-mutuel participants (31-51y).

Conn. Gen. Stat. 31-51v · Conn. Gen. Stat. 31-51x(a) · Conn. Gen. Stat. 31-51u(a)

The state consumer reporting law

Who it covers: Consumer reporting agencies, background screening providers, and credit rating agencies operating on Connecticut consumers.

Connecticut has no general state FCRA analogue for employment. Three pieces of state law touch screening reports: (1) 31-51i(i) requires a consumer reporting agency reporting criminal matters of public record for employment to notify the consumer at issue and keep the records complete and current; (2) 54-142e requires consumer reporting agencies and background screening providers to buy Judicial Branch erasure updates monthly and permanently delete erased records within thirty days; (3) chapter 669 (36a-695 to 36a-699f) regulates credit rating agencies for credit purposes, including a free file disclosure within sixty days after an adverse action and a state rights summary. No CRA registration requirement was found.

Conn. Gen. Stat. 54-142e(a) · Conn. Gen. Stat. 36a-696(b)

Local rules

Some places in Connecticut add their own rules. A local rule applies on top of the state rule.

• Hartford (city): city vendors only. City vendors only. Vendor job applications may not carry a conviction ‘box’. A vendor may not ask about, require disclosure of, or act on an arrest or accusation that is not pending and did not end in a conviction. A vendor must keep the criminal record from hiring decision-makers until a conditional offer, may reject only if the record has a direct bearing on the job or hiring would break state or federal law, and must give the applicant five business days after the notice and a copy of the record to rebut. Deviation is grounds to reject or end the contract. No rule for Hartford businesses that are not City vendors. Hartford Municipal Code ch. 2, art. XIII, secs. 2-785 to 2-793 (sec. 2-789, Ord. No. 18-09; version current August 31, 2026)
• New Haven (city): city vendors only. The City does business only with vendors whose conviction-history hiring policies match the City’s standards: no conviction inquiry until after a conditional offer, individualized consideration, and notice. Covers conviction history only, and reaches vendors’ temp, agency, and trainee placements. No general private-employer rule for non-vendors. A waiver is possible contract by contract under exigent circumstances (sec. 2-854). The City’s own process gives ten business days to rebut after a copy of the report (sec. 2-852(c)). New Haven Code of Ordinances title III, ch. 2, art. XII, secs. 2-851 to 2-854 (Ord. No. 1585)

Coming changes

Laws already passed that take effect later.

• From October 1, 2027. P.A. 26-15 (sSB 5), secs. 7-12: automated employment-related decision technology. A deployer that, on or after October 1, 2027, uses such a tool to make, or as a substantial factor in making, an employment decision about an employee or applicant in Connecticut must first give a written notice: that the tool is used, its purpose and the decision, its trade name, the categories and sources of personal data it uses and how they are assessed, and the deployer’s contact. Tools that interact with applicants must be disclosed in plain language. Developers must give deployers the needed information. Enforcement is by the Attorney General only (60-day cure for violations through December 31, 2027); no private right of action. Sec. 13 (in force October 1, 2026) amends 46a-60(b)(1): use of such a tool is no defense to a discrimination complaint. P.A. 26-15, secs. 7-13

Every state’s changes, in date order: What changed.

Adverse action notices

Before you reject or act against someone because of a background check report, the FCRA requires a pre-adverse action notice, a wait, and then a final notice. The adverse action letter generator writes both notices and adds the Connecticut requirements where they apply.

The waiting period calculator gives the date under the federal rule.

Paperwork at hire

Besides the federal Form I-9 and W-4, Connecticut sets these for each new hire.

• State withholding. Have each new hire complete Form CT-W4 and keep it on file; with no CT-W4, withhold at the top rate of 6.99% with no exemption. Form CT-W4
• New hire report. Report each new hire to Connecticut within 20 days; some independent contractors must be reported too. State new hire reporting
• Notices at hire. Written notice of wage rate, hours and pay schedule; Wage range and general description of benefits for the position; Paid sick leave notice (11 or more employees); Notice of Employee Rights under CTFMLA and CT Paid Leave; Sexual harassment information sent by email (3 or more employees); Pregnancy rights and accommodation notice; ADA reasonable accommodation notice; Pay code guide web address (100 or more employees).

Build the new hire checklist for Connecticut, with city rules, special cases and a due date for each item.

Sources

• Conn. Gen. Stat. 31-51i(b)
• Conn. Gen. Stat. 46a-80(b)
• Conn. Gen. Stat. 54-142e(b)
• Clean Slate Connecticut (State of Connecticut), About the program
• Clean Slate Connecticut (State of Connecticut), home page update
• P.A. 11-223, sec. 1
• P.A. 26-12, sec. 2 (amending 31-40z(b)(10)), effective October 1, 2026
• Conn. Gen. Stat. 21a-422p(b)(2)(A)
• Conn. Gen. Stat. 36a-696(b)
• Hartford Municipal Code ch. 2, art. XIII, secs. 2-785 to 2-793 (sec. 2-789, Ord. No. 18-09; version current August 31, 2026)
• New Haven Code of Ordinances title III, ch. 2, art. XII, secs. 2-851 to 2-854 (Ord. No. 1585)

Last reviewed October 20, 2026 · General information, not legal advice.

After the hire

Once a background check clears, payroll and onboarding come next. Rippling (paid link) runs payroll, benefits and onboarding from one employee record.