A new law in California affects the way past criminal (including felons) records can be used by employers during background screening. The law took effect in January 1, 2014 and protects ex-offenders such as felons, among others, when it comes to job hunting. It dictates what legally the employers can discover and use during the job processing.

It prohibits employers from asking about or even seeking information about criminal conviction which have been committed by the people looking for employment. Employers breaking the law by seeking the information risk civil penalties and misdemeanor criminal charges. The law also allows the convicted person to get the case expunged sooner.

Labor Code

The new law seeks to amend California labor code hence prohibiting employers from asking for disclosure. It prohibits the employers from using the criminal records to determine employment of people. It also protects citizens from arrest which did not result in conviction from being applied against someone to block him in seeking employment.

It does not even require use of a pending case to determine eligibility of a job opportunity.

Exemptions

Conviction which has been expunged will no longer be used to determine eligibility of a person to get employed in California.

The law covers both employers in the private sector as well as the public sector from using the information to block people from accessing employment opportunities. If the case has been ordered dismissed or sealed by the court, it is not supposed to be used as a basis to deny an applicant employment in the state of California according to the law.

Employer Access To Records

There are several exemptions where the employer can access the criminal records. They include cases where the employer will access firearms in his line of duty. If the applicant has been convicted of a crime which prohibits him from holding a given position, then the employer can ask for the criminal records and deny the person employment basing on the prohibition put against him due to the criminal conviction.

Expungement Limitations

There are several limitations to obtaining expungement. They include state prison sentence, violation of sex crimes among other offenses as stipulated in the law. If you fall under such a category, then it will be hard for you to access the benefits of no disclosure as per the new law in California.

The law expands and clarifies the penal code sections 1003.4 where expungement is allowed under California law. The law clarifies that if the person is granted expungement, he is cleared of all damages which can result from the case.

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The post Discrimination Against Felons appeared first on UELG.

Discrimination against felons in California: The new California law which took effect on 1st January 2014 now provides significant protection to ex-offenders (including felons) when it comes to job searching. According to this new law, the employers are prohibited in asking or seeking details on those criminal convictions which have been either judicially set aside or ordered sealed. Thus, this newly-implemented law provides protection to job seekers with past criminal records.

Note, this legislation adds protection for those criminal convictions which have been judicially dismissed, statutorily eradicated, or expunged. However, employers may utilize a case if it is not resolved yet, on-hold, or currently pending.

This new legislation arguably extends relief to the felonies that can’t ever be reduced to the form of a misdemeanor (by law). Plus, the law may impact felonies who are typically known as “wobblers” (a wobbler can be either a felony or a misdemeanor), where the Court doesn’t grant a motion in order to reduce the felony offense into a misdemeanor prior granting the final expungement (under Penal Code Section of 17b).

This legislation adds protections to “discrimination against felons in California” on the basis of three related yet separate sections of California law including 1203.45, 1210.1, and 1203.4a of the Penal Code. As a result, the employers can’t ask/seek/utilize any prohibited information. The employers in California are expected to pay due attention to this law since an intentional violation of this legislation may result in a punishment by a fine.

Discrimination Against Felons in California: FAQs

1. Why Has This New California Law Been Implemented? 

This law has been implemented to encourage and maintain hiring practices which protect all job applicants’ state, federal, civil, and privacy rights. This law further promotes the hiring process of people having criminal records and eliminate discrimination against felons that are traditionally underemployed, though they’re motivated.

2. As a California employer, can I ask an applicant about criminal records? 

Well, it depends. You are not allowed to ask about everything of an applicant’s background and history.

3. As a California employer, what can I ask about an applicant’s criminal record?

You are allowed to ask only direct questions about certain criminal convictions. For instance, you may ask a job applicant if he/she has ever been convicted of a crime.

4. As a California employer, what can’t I ask about an applicant’s criminal record?

Under the new California law, you can’t ask about an applicant’s criminal record in the following cases.

I) Convictions which have been dismissed, expunged, sealed, or statutorily eradicated.

II) Convictions related to minor marijuana related offenses.

III) Arrests which didn’t lead to a conviction.

IV) Arrests which lead to the completion of a rehabilitation or diversion program.

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