New Criminal History Regulations Go Into Effect July 1, 2017

Effective July 1, 2017, Employers will be faced with new regulations prohibiting them from considering criminal information when considering a job applicant, as well as an existing employee, for hiring, promoting, termination or other employment related decisions.  The California Fair Employment & Housing Council (FEHC), which already prohibits employers from considering or seeking information about certain criminal history, beefed up the regulations to expand the prohibitions.

Currently, the following types of criminal records and information may not be considered by an employer:

1) arrests or detentions that did not result in a conviction;

2) convictions that have been judicially dismissed, sealed, expunged, or otherwise eliminated;

3) any criminal proceedings in juvenile court;

4) referrals to, or participation in, pretrial and post-trial diversion programs;

And the newest regulation adds:

5) a non-felony conviction more than two years old for possession of marijuana.

Remember, there are other state, federal and local laws to consider when deciding whether to inquire about an applicant or employee’s criminal history and also the adverse impact  on the applicant or employee.  Be careful.  Before you criminally screen applicants or employees make sure you keep in mind the new regulations; modify your applications to include the proper exclusions and do not hesitate to reach out to the attorneys at Chauvel & Glatt to learn more about labor compliance in California.

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