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California Seeking to Ban Criminal Background Checks for Private Employers

California’s Current Law on Employee Background Checks 

Existing California law regulates the use of criminal history information in hiring and personnel decisions. While such laws are meant to protect job applicants from discrimination based on their criminal history, applicants with convictions may still suffer prejudice in hiring. All employers reserve the right to run a criminal background check on you, meaning any convictions you have will probably show up even if you do not disclose it. In some instances, an employer will ask upon application whether you have ever been convicted of a crime. Additionally, fields such as education and law enforcement require that you report all crimes, including misdemeanors.

SB 809 Seeks to Ban Criminal Background Checks for Private Employers 

In February of 2023, California senators introduced Senate Bill 809 (SB 809) to ban criminal background checks by most private sector employers. Proponents of the bill believe that formerly incarcerated people face discrimination by employers when looking for work. The bill includes 8 sections, with the primary ones summarized below. 

Section 2 

Section 2 would amend the California Investigative Consumer Reporting Agencies Act (ICRAA) to require even greater transparency and specificity by employers seeking criminal history information for hiring and personnel decisions. Job applicants would be entitled to a disclosure that includes either: 

Section 3 and 4 

Sections 3 and 4 would repeal the existing Fair Chance Act and replace it with the Fair Chance Act of 2023. The Act of 2023 provides that except as otherwise allowed by the statute, it would be an unlawful employment practice for any employer to do any of the following even after extending a conditional job offer:

Although the bill’s future is uncertain, employers and employees alike should be mindful of the bill’s progress given its drastic impacts. If enacted into law, the Fair Chance Act of 2023 will become the most restrictive fair chance law in the United States. 

Contact Wallin & Klarich Today 

If you are worried about your criminal record in California, contact Wallin & Klarich as soon as possible to see how we can help. At Wallin & Klarich, we are always up to date on the latest developments so that we can assist you more effectively. With 40+ years of experience, our attorneys have helped thousands of clients in a wide range of cases, and we have the skills and resources to help you avoid conviction and build towards a better future. 

With offices in Orange County, Riverside, San Bernardino, Victorville, Torrance, West Covina, Los Angeles, and San Diego, you are sure to find an available and convenient attorney near you. 

Discover how our team can assist you. Contact us today, toll-free at (877) 4-NO-JAIL or (877) 466-5245 for a free consultation with a skilled defense attorney.