What Criminal Records Can’t Be Reviewed by a Prospective Employer

The new ban the box law in California provides that employers must wait until a conditional offer of employment is made before they conduct a criminal background check. The law prevents the prescreening of applicants. In this way, the decision to hire the applicant is based on his/her abilities.

Once the offer of employment is made, the employer can conduct a background check. Usually, they hire an outside service to conduct the check. There are still certain things that the employer and entity that conducts the check can’t ask for.

Information employers in California cannot ask to examine

California employers cannot ask to see the following criminal information about an applicant at any time

  • Arrest records. Employers can only ask to see arrest records if the arrest led to a conviction. They may be able to ask about arrests if the applicant’s case is awaiting trial. They can’t ask to see arrest records that were dismissed or if the applicant was found not guilty
  • Juvenile records. Generally, a juvenile’s court records should not be disclosed to the public. The idea is to protect the child and help the child become a productive system through whatever strategies the juvenile court thinks is best. Generally, juvenile records are not considered convictions
  • Diversion records. Some employers are placed into a diversion program where – if they meet the terms of the program – their charges are dismissed. Employers and contractors cannot ask if the applicant is in a diversion program
  • Records under seal. If an applicant’s records have been expunged or sealed by court order, then those records are off limits to employers and search contractors
  • Some marijuana cases. In California, employers generally can’t ask about non-felony convictions that happened more than two years ago.

Understand your employee rights

Employees have numerous rights. There are state and federal laws that are designed to ensure fair play in the hiring process. At the law offices of Stephen Danz & Associates, we advise job applicants about their civil rights when employers break these laws. To learn if you have an employment case, phone us at (877)789-9707. We have offices throughout the state.

We’re ready to help you get justice.  Se Habla Espanol.