In today's hiring market it is more important than ever to get as much information about a job applicant before making a decision to hire or not. The applicant's background concerning prior arrests, convictions etc. are important factors that an employer should be able to reach prior to a decision on hiring or not hiring an applicant is made. Existing law generally, with some exceptions, prohibits an employer from asking for this kind of information or using this kind of information as a basis for not hiring an applicant. This bill I believe now allows employers when obtaining background information about an applicant seeking employment, to now ask for this information that occurred after the individual reached the age of maturity of 18 years old, or in other words occurred after the individual was no longer a juvenile. If this sort of information is important in your hiring practice, (and it should be as basic honesty and the ability to obey the law are important elements of a good employee), you should update your application to ask about prior arrests, convictions etc. that occurred after the age of 18. The easiest way to achieve this is to simply add the exact wording of the statute (or wording that basically says the same thing as the statute) to your Application for Employment documents. I would caution you from straying too far from the literal wording of the statute as what you ask maybe the same thing allowed by the statute in your opinion, but in the legal world it might mean something else entirely.
. As always if anyone has any legal question about this newly enacted statute or any other legal issues please feel free to call me or e-mail me for a no cost consultation. rba@aalaws.com; 949.553.1951.
- AB 1843 by Assemblymember Mark Stone (D-Scotts Valley) - Applicants for employment: criminal history
Existing law prohibits an employer, whether a public agency or private individual or corporation, from asking an applicant for employment to disclose, or from utilizing as a factor in determining any condition of employment, information concerning an arrest or detention that did not result in a conviction, or information concerning a referral or participation in, any pretrial or post trial diversion program, except as specified. Existing law also prohibits an employer, as specified, from asking an applicant to disclose, or from utilizing as a factor in determining any condition of employment, information concerning a conviction that has been judicially dismissed or ordered sealed, except in specified circumstances. Existing law specifies that these provisions do not prohibit an employer at a health facility, as defined, from asking an applicant for a specific type of employment about arrests for certain crimes. Existing law makes it a crime to intentionally violate these provisions.
This bill would also prohibit an employer from asking an applicant for employment to disclose, or from utilizing as a factor in determining any condition of employment, information concerning or related to an arrest, detention, processing, diversion, supervision, adjudication, or court disposition that occurred while the person was subject to the process and jurisdiction of juvenile court law. The bill, for the purposes of the prohibitions and exceptions described above, would provide that “conviction” excludes an adjudication by a juvenile court or any other court order or action taken with respect to a person who is under the jurisdiction of the juvenile court law, and would make related and conforming changes. The bill would prohibit an employer at a health facility from inquiring into specific events that occurred while the applicant was subject to juvenile court law, with a certain exception, and from inquiring into information concerning or related to an applicant’s juvenile offense history that has been sealed by the juvenile court. The bill would require an employer at a health facility seeking disclosure of juvenile offense history under that exception to provide the applicant with a list describing offenses for which disclosure is sought.
