New Law Prohibits Asking About Criminal Convictions on State Job Applications

On Oct. 11, California Governor Jerry Brown signed Assembly Bill 218 clarifying what the government can ask you on state and local government job applications. With this newly signed law, California joins nine other states with similar legislation. Essentially, AB 218 prohibits state and local agencies from asking about criminal convictions on state job applications.

The law bans state and local agencies from asking job applicants to disclose their criminal conviction information until after the agency has determined that the applicant meets the minimum employment qualifications. The bill will eliminate the boxes found on state employment applications requiring job applicants to disclose their criminal conviction history. For this reason, bill supporters refer to the new measure as “Ban the Box”. The bill was authored by Assemblyman Roger Dickinson (D-Sacramento) and is effective starting July 1, 2014.

A new law in California prohibits asking about your criminal convictions on state job applications. However, there are some exceptions.

How Does This New Law Affect You?

If you have a criminal conviction on your record or are currently facing criminal charges, it is important that you understand how this new law affects you. It could significantly impact your future job applications with state and local governments. After July 1, 2014, most state and local agencies are prohibited from asking you to disclose criminal conviction information during the initial employment application process. The initial employment applications cannot request your criminal background information. This restriction applies to both written and verbal requests.

There are, however, limits on these restrictions. Specifically, the bill affects only when employers can ask you about criminal conviction history. The employer can still perform a background check after it has determined that your qualifications meet the minimum job requirements.

Can Some Jobs Still Ask about Criminal Convictions on State Job Applications?

It is important to keep in mind that this new law will not apply to every job you apply for in the future.

• This law only applies to state and local government job openings. Private sector employers are allowed to ask about your criminal conviction history during the initial application process. However, private employers cannot ask for any information concerning an arrest or detention that did not result in a criminal conviction.
• These new rules do not apply to positions in law enforcement. If you apply for positions in law enforcement (or other sensitive positions) the governmental agency can request criminal history information on your initial employment application.
• These new rules do not apply to positions where you would work with children, the elderly or disabled. The government agency can request your criminal history information on your initial employment application for these positions.

How Can Wallin & Klarich Help You?

If you have a question about this change in state employment law and how it may impact your future employment opportunities, call Wallin & Klarich today. Furthermore, if you or a loved one is a suspect in an ongoing investigation, you need to contact our offices immediately. Wallin & Klarich has been in the business of vigorously representing clients in their criminal matters for over 40 years. We can help you avoid criminal convictions in your case and reduce the likelihood that your future job opportunities will be affected.

Our offices are located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance and Sherman Oaks. Give us a call today at (877) 4-NO-JAIL or (877) 466-5245 for a free telephone consultation. We will be there when you call.