Criminal Convictions and Finding Employment
Finding a job with a criminal record often feels overwhelming. Many employers review past convictions and immediately deny applicants. Fortunately, California now offers more protection for people in this situation.
As of January 1, many job seekers with criminal histories face fewer barriers. Californias ban “Ban the Box” law took effect at the start of 2018. The law removes the checkbox that requires applicants to disclose criminal convictions on job applications. It also sets out several rules that employers must follow.
Restrictions on When Employers May Ask About Criminal Records
Employers with five or more employees—including government employers—may not ask about an applicant’s criminal history until they make a conditional job offer. They may review a conviction only after offering the position.
If the employer decides not to move forward, they must review whether the conviction has a direct and adverse relationship to the job duties. During this review, they must consider the nature of the offense, the severity of the conduct, and the amount of time that has passed since the sentence ended. californias ban
New Limits on Background Checks
Under the new law, employers may not consider or circulate the following information when running background checks after a conditional offer:
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Arrests that did not lead to convictions (with limited exceptions)
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Participation in pre-trial or post-trial diversion programs
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Sealed, expunged, dismissed, or legally eradicated convictions
These limitations ensure that employers focus only on relevant and reliable information.
Written Notice Required When Employers Withdraw Job Offers
If an employer withdraws a conditional offer because of a conviction, they must notify the applicant in writing. The notice must explain:
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The specific conviction that caused the decision
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The records relied on
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How the applicant can challenge the decision
Applicants have the right to respond. The employer must review that response before making a final decision. If they ultimately deny the job, they must provide written notice again. They must also explain any internal procedures for contesting the decision and provide instructions for appealing through the California Department of Fair Employment and Housing.
Questions About California Employment Law?
If you believe your rights under California’s labor laws were violated, contact our Modesto employment attorneys at Van Egmond & Heitlinger, APC. Call (209) 876-8886 or by using our online contact form to schedule a consultation.
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