BILL ANALYSIS Ó
SB 530
Page 1
SENATE THIRD READING
SB 530 (Wright)
As Amended August 30, 2013
Majority vote
SENATE VOTE :26-10
JUDICIARY 6-3 APPROPRIATIONS 12-5
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|Ayes:|Wieckowski, Alejo, Chau, |Ayes:|Gatto, Bocanegra, |
| |Dickinson, Garcia, Stone | |Bradford, |
| | | |Ian Calderon, Campos, |
| | | |Eggman, Gomez, Hall, |
| | | |Holden, Pan, Quirk, Weber |
|-----+--------------------------+-----+--------------------------|
|Nays:|Wagner, Gorell, | | |
| |Maienschein |Nays:|Harkey, Bigelow, |
| | | |Donnelly, Linder, Wagner |
| | | | |
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SUMMARY : Excludes prior criminal convictions from consideration
in employment decisions when the conviction has been judicially
dismissed. Specifically, this bill :
1)Provides that an employer may generally 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 however that an employer is not prohibited 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 because of any state or federal law any of the
following apply:
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
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prohibited by law from holding the position sought by the
applicant, regardless of whether that conviction has been
expunged, judicially ordered sealed, statutorily
eradicated, or judicially dismissed following probation.
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
court, in its discretion, believes relief serves the interests
of justice.
EXISTING LAW :
1)Provides that no employer, whether a public agency or private
individual or corporation, shall ask an applicant for
employment to disclose, through any written form or verbally,
information concerning an arrest or detention that did not
result in conviction, or information concerning a referral to,
and participation in, any pretrial or post trial diversion
program, nor shall any employer seek from any source
whatsoever, or utilize, as a factor in determining any
condition of employment including, hiring, promotion,
termination, or any apprenticeship training program or any
other training program leading to employment, record of arrest
or detention that did not result in conviction, or any record
regarding a referral to, and participation in, any pretrial or
post trial diversion program.
2)Provides for a process for a court to allow a defendant to
withdraw his or her plea or set aside verdict of guilty and
dismiss the accusation or information if the defendant has
fulfilled the conditions of probation for the entire period of
probation, or who has been discharged prior to the termination
for the period of probation, or in any other case in which the
interests of justice, determines that a defendant should be
granted relief available.
3)Sets forth the requirements for a person to file a petition
for a certificate of rehabilitation. Provides that unless and
until the period of rehabilitation has passed, the petitioner
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shall be ineligible to file his or her petition for a
certificate of rehabilitation with the court. Any certificate
of rehabilitation that is issued and under which the
petitioner has not fulfilled the requirements shall be void.
4)Requires the DOJ to maintain state summary criminal history
information, including the identification and criminal history
of any person. Existing law requires the department to
disseminate this information in response to a request from
certain authorized agencies, organizations, or individuals
that need the information to fulfill employment,
certification, or licensing duties, such as the employment of
peace officers or the licensing of community care facilities.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
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 : The author explains the reason for the bill as
follows:
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SB 530 is intended to close some loopholes and
provide additional tools and changes to existing
law to make effective the existing state policy to
remove employment barriers to those who have
committed crimes that have been expunged by the
courts. Court approved expungement was intended
to allow a job applicant the ability to not have
to report minor crimes expunged. The way this is
currently reported employers can still determine a
crime has been committed. SB 530 will correct
this as well as give the courts additional
discretion in the interest of justice to grant
certificates of rehabilitation that do not meet
the current time requirements. If we want to
break the revolving door cycle of crime we must
give folks a fair chance at a job without the
discrimination of having a criminal record.
Existing law provides for an expungement process. A person can
seek to have dismissed an accusation or information after he or
she has fulfilled his or her probation or parole period. While
granting of the expungement releases a person from all penalties
and disabilities resulting from the offense, the release is not
absolute. The expunged offense can still be used as a prior
conviction for the purposes of a subsequent conviction and for
other specified purposes - for example, owning a firearm or
holding public office.
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.
This bill would amend the Labor Code to provide that in addition
to not being able to ask or use information on an applicant
about arrests that did not result in conviction or participation
in diversion, as provided by current law, an employer generally
cannot ask about or use information regarding a conviction that
has been judicially dismissed. Because these expunged
convictions are not to be sought or considered, the bill further
provides that these convictions are to be excluded when the DOJ
provides criminal history information to employers, as
specified.
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However, this general rule would recognize a number of
exceptions where an expunged conviction is related to
performance of the job.
Analysis Prepared by : Kevin G. Baker / JUD. / (916) 319-2334
FN: 0001970