California criminal background check 7 year rule
California criminal background check 7 year rule
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Under prior California law, employers could not ask an applicant to disclose conviction information until the applicant was deemed “qualified” for the position. The new law will require employers to defer the criminal background check inquiry until after a conditional offer has been extended to the candidate. Specifically, AB 1008 provides that it is unlawful for employers to do the following:
The act goes further than California’s existing “ban-the-box” law, which prevents employers from asking applicants about arrest records that did not result in a conviction, juvenile offenses, expunged convictions and nonfelony marijuana-possession convictions more than 2 years old. The existing law also prohibits state and local government agencies (but not companies or federal agencies) from asking applicants about criminal convictions until the agency determined that the applicant meets minimum employment qualifications. The old and new laws exempt certain positions, such as those where a criminal background check is required by law. Under the new law, once an employer has made a job offer contingent on a background check, it may seek an applicant’s conviction record, but must take certain steps before it can rescind the offer. It must conduct an “individualized assessment” that considers the “nature and gravity” of the offense, how old it is and whether it’s relevant to the job. Before withdrawing the offer, the employer must give the applicant a copy of the conviction record and at least five business days to dispute it or provide evidence of rehabilitation. The employer must consider any response and notify the candidate in writing if it still revokes the offer.
An estimated one in three American adults has a criminal record. While some records are for serious offenses, most are for arrests or relatively lowlevel misdemeanors. In an era of heightened security concerns, easily available data, and increased criminal background checks, these records act as a substantial barrier to gainful employment and other opportunities. Harvard sociologist Devah Pager describes people with criminal records as “marked” with a negative job credential. In response to this problem, lawyers have launched unmarking programs to help people take advantage of legal record clearing remedies. We studied a random sample of participants in one such program to analyze the impact of the record clearing intervention on employment outcomes. Using methods to control for selection bias and the effects of changes in the economy in our data, we found evidence that: the record clearing intervention boosted participants’ employment rates and average real earnings, and people sought record clearing remedies after a period of
https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=7617&context=jclc
From cops whose safety is at stake to day-care centers trying to avoid hiring ex-felons, Ohio’s flawed criminal background-check system doesn’t always reveal the truth about people they deal with. The computerized background-check system operated by the Bureau of Criminal Investigation in the office of Attorney General Mike DeWine has been troubled for years, sometimes indicating that thousands of criminals have clean records. From cops whose safety is at stake to day-care centers trying to avoid hiring ex-felons, Ohio’s flawed criminal background-check system doesn’t always reveal the truth about people they deal with. The computerized background-check system operated by the Bureau of Criminal Investigation in the office of Attorney General Mike DeWine has been troubled for years, sometimes indicating that thousands of criminals have clean records.
https://www.dispatch.com/article/20150423/NEWS/304239791
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