AB 218, as amended, Dickinson. Employment applications: criminal history.
Existing law prohibits both public and private employers from asking an applicant for employment to disclose, either in writing or verbally, any information concerning an arrest or detention that did not result in a conviction.
This bill would prohibit a state or local agency from asking an applicant to disclose information regarding a criminal conviction, except as specified, untilbegin delete after the applicant’s qualifications for the position have been determined to meet the requirementsend deletebegin insert end insertbegin insertthe agency has determined the applicant meets the minimum employment qualificationsend insert
for the position. This bill would include specified findings and declarations of the Legislature in support of this policy.
Because this bill would impose new requirements on local agencies relative to employment application procedures, it would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
The Legislature finds and declares that reducing
2barriers to employment for people who have previously offended,
3and decreasing unemployment in communities with concentrated
4numbers of people who have previously offended, are matters of
5statewide concern. Therefore, this act shall apply to state agencies,
6all cities and counties, including charter cities and charter counties,
7and special districts. The Legislature further finds and declares
8that, consistent with the 2011 Realignment Legislation addressing
9public safety, increasing employment opportunities for people who
10have previously offended will reduce recidivism and improve
11economic stability in our communities.
Section 432.9 is added to the Labor Code, to read:
(a) A state or local agency shall not ask an applicant
14for employment to disclose,begin delete through any written form or verbally,end delete
15begin insert orally or in writing, end insert information concerning thebegin delete criminalend delete
16begin insert convictionend insert history of thebegin delete applicant or includeend deletebegin insert applicant,
includingend insert
17
any inquiry aboutbegin delete criminalend deletebegin insert convictionend insert history on anybegin delete initial end delete
18begin deleteemployment application. A state or local agency may inquire into begin insert employment application
19or consider an applicant’s criminal history after the applicant’s
20qualifications have been screened andend delete
21untilend insert the agency has determined the applicant meets the minimum
22employmentbegin delete requirementsend deletebegin insert
qualificationsend insert, as stated in any notice
23issued for the position.
24(b) This section shall not apply to a position for which a state
25or local agency is otherwise required by law to conduct abegin delete criminal end delete
26begin insert conviction end insert history background check, to any position within a
27criminal justice agency, as that term is defined in Section 13101
28of the Penal Code, or to any individual working on a temporary
29or permanent basis for a criminal justice agency on a contract basis
30or on loan from another governmental entity.
P3 1(c) This section shall not be construed to prevent a state or local
2agency
from conducting abegin delete criminalend deletebegin insert
convictionend insert history background
3check after complying with all of the provisions of subdivision
4(a).
5(d) As used in this section, “state agency” means any state office,
6officer, department, division, bureau, board, commission, or
7agency.
8(e) As used in this section, “local agency” means any county,
9city, city and county, including a charter city or county, or any
10special district.
11(f) Section 433 does not apply to this section.
If the Commission on State Mandates determines that
13this act contains costs mandated by the state, reimbursement to
14local agencies and school districts for those costs shall be made
15pursuant to Part 7 (commencing with Section 17500) of Division
164 of Title 2 of the Government Code.
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