Although current California law prohibits employers from asking applicants about judicially sealed or expunged convictions, SB 1412 now offers some clarifications.
For example, some employers — for example school districts — are required by state, federal, or local law to conduct criminal background checks. SB 1412 makes allowances for these circumstances when “particular convictions” are legally prohibited. Examples of relevant convictions in a school setting include a violent or serious felony, sex offense and a controlled substance offense.
SB 1412 defines “particular conviction” as “a conviction for specific criminal conduct or a category of criminal offenses prescribed by any federal law, federal regulation or state law that contains requirements, exclusions, or both, expressly based on that specific criminal conduct or category of criminal offenses.”
Those employers not required by state or federal law to consider criminal convictions must follow the restrictions in Section 432.7. This states that they cannot request criminal history until a conditional offer of employment has been made.
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