BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 530
                                                                  Page  1

          Date of Hearing:   July 3, 2013

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                    SB 530 (Wright) - As Amended:  June 25, 2013 

          Policy Committee:                             JudiciaryVote:6-3

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No

           SUMMARY  

          This bill expands the circumstances, whereby prior criminal  
          convictions are to be excluded from consideration in employment  
          decisions, to include when the conviction has been judicially  
          dismissed. Specifically, this bill: 

          1)Provides that a public or private employer may not ask about,  
            or use as a factor in determining a condition of employment,  
            the fact that an applicant for employment has a prior  
            conviction that has been judicially dismissed pursuant to  
            existing statutory authority.

          2)Provides that an employer is not prohibited, however, from  
            asking an applicant about a criminal conviction or seeking  
            from any source information regarding a criminal conviction,  
            or entry into a pretrial diversion, or similar program by the  
            applicant, if any of the following apply under state or  
            federal law:

             a)   The employer is required by law to obtain information  
               regarding a conviction of an applicant.
             b)   The applicant would be required to possess or use a  
               firearm in the course of his or her employment.
             c)   An individual who has been convicted of a crime is  
               prohibited by law from holding the position sought by the  
               applicant.
             d)   The employer is prohibited by law from hiring an  
               applicant who has been convicted of a crime.

          3)Authorizes a trial court hearing an application for a  
            certificate of rehabilitation before the applicable period of  
            rehabilitation has elapsed to grant the application if the  








                                                                  SB 530
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            court, in its discretion, believes relief serves the interests  
            of justice.

          4)Exempts dissemination by the Department of Justice (DOJ) to  
            employers of summary criminal history information regarding  
            convictions that have been judicially dismissed, as specified

           FISCAL EFFECT  

          1)Minor annual special fund costs (less than $100,000) to the  
            Department of Industrial Relations (DIR) to review and  
            investigate an increased number of employment complaints for  
            violations of the right not to disclose an expunged  
            conviction. [Labor Enforcement Compliance Fund]

            The Retaliation Complaint Investigation (RCI) unit within  
            DIR's Division of Labor Standards Enforcement (DLSE)  
            investigates complaints of violations of approximately 20  
            statutory rights, such as using sick leave to attend to  
            illness of a family member, reporting violations of state or  
            federal law, and freedom from gender-based wage  
            discrimination. Based on data for 2009 to 2012, approximately  
            1,200 cases were filed annually. 

            Several years after enactment, there would be a small number  
            of alleged violations of the new right conferred by this bill.  
            In the near-term, however, there would likely be more  
            violations by employers who are unaware of these new  
            provisions. The DSLE thus estimates an increase in RCI  
            workload of 1% in the first three years and only about 0.5%  
            annually thereafter.

          2)Any costs to the DOJ would be minor and absorbable.

           COMMENTS  

           1)Purpose  . Employers are currently prohibited from asking about  
            or making employment decisions regarding arrests that do not  
            result in conviction, as well as participation in criminal  
            diversion programs.  This bill expands the existing  
            prohibition to include prior convictions that have been  
            dismissed by a court.  The bill, however, recognizes  
            exceptions where the expunged conviction is related to job  
            performance.









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            The author argues that while a person is supposed to be  
            relieved of the disabilities of an expunged offense, the  
            continued consideration of this history by employers  
            interferes with the ability of many to fully rehabilitate by  
            gaining employment.

           2)Related Legislation  . AB 218 (Dickinson), pending in Senate  
            Judiciary, prohibits state agencies and cities, counties, and  
            special districts from asking an applicant for employment to  
            disclose information regarding their conviction history,  
            including on any initial employment application, until the  
            agency determines that the applicant meets minimum  
            qualifications for the position.

           Analysis Prepared by  :    Chuck Nicol / APPR. / (916) 319-2081