BILL ANALYSIS Ó
AB 1843
Page A
Date of Hearing: April 6, 2016
ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT
Roger Hernández, Chair
AB 1843
(Mark Stone) - As Introduced February 9, 2016
SUBJECT: Applicants for employment: criminal history
SUMMARY: Prohibits an employer, whether a public agency or
private individual or corporation, from asking an applicant for
employment to disclose, through any written form or verbally, or
from utilizing as a factor in determining any condition of
employment, information concerning an arrest or detention that
did not result in specific juvenile court actions or that has
been judicially dismissed or ordered sealed pursuant to law.
EXISTING LAW:
1)Prohibits an employer, whether a public agency or private
individual or corporation, from asking an applicant for
employment to disclose, or from utilizing as a factor in
determining any condition of employment, information
concerning an arrest or detention that did not result in a
conviction, or information concerning a referral or
participation in, any pretrial or post trial diversion
program, except as specified.
2)Prohibits an employer, as specified, from asking an applicant
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to disclose, or from utilizing as a factor in determining any
condition of employment, information concerning a conviction
that has been judicially dismissed or ordered sealed, except
in specified circumstances. Existing law also makes it a crime
to intentionally violate these provisions.
3)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, record of arrest or detention that did not result
in conviction.
4)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.
FISCAL EFFECT: Unknown
COMMENTS: The author argues that, current law protects the
records of adults who have had arrests that did not lead to
conviction and adults who have had their records ordered or
automatically sealed from disclosure by potential employers
during the hiring process. The legal effect of sealing and
dismissal is that the offense is deemed not to have occurred and
can be handled as such by job and college applicants in the
future. This bill ensures that juveniles are guaranteed the
same protections against employer inquiries into criminal
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histories as adults.
Considering the negative effect that criminal records may have
on job seekers' employment prospects, this bill provides much
needed relief to youth and adults who have paid their debts to
society and are seeking to improve their lives, the lives of
their families, and their communities.
An Urban Institute Justice Policy Center Study on Employment
after Prison states that, "Employment is an important component
of the reentry process. Even more than a steady source of
income, jobs can provide a sense of structure and responsibility
to former prisoners as they struggle to reintegrate after
release. Unfortunately, many will face a difficult path toward
finding and keeping employment? While {this} is only one among a
number of challenges for returning prisoners, it can have an
enormous impact on the success of releases in avoiding
recidivism and in improving their quality of life after release.
Addressing the employment status of releases is thus key to
increasing the chances for positive outcomes for this
population." <1>
Arrest records and probation records can be damaging on an
individual's ability to pursue higher education or find a job.
This bill will further the dual purposes of the juvenile justice
system: rehabilitation and reintegration, by better ensuring
that juveniles and juvenile offenders have a clear pathway to
rehabilitation, when in compliance with existing statutory and
probationary requirements. The bill recognizes the established
role of California's Juvenile Courts as institutions of reform,
not punishment, and will help individuals with juvenile records
---------------------------
<1> Urban Institute Study, Employment after Prison: A
Longitudinal Study of Releases in Three States. October 20,
2008.
http://www.urban.org/research/publication/employment-after-prison
-longitudinal-study-releasees-three-states
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to find and hold jobs, and become fully functioning members of
society.
Background on Sealing and Destruction of Records
Existing law provides for an expungement process. A person can
seek to have records dismissed after she or he has fulfilled her
or his 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.
Minor's adjudicated delinquent in juvenile court proceedings may
petition the court to have their records sealed unless they were
found to have committed certain serious offenses, under Welfare
and Institutions Code section 781. A person may have his or her
juvenile court records sealed by petitioning the court, five
years or more after the jurisdiction of the juvenile court has
terminated over the person adjudged a ward of the court or after
the minor appeared before a probation officer, or, in any case,
at any time after the person has reached the age of 18. Once
the court has ordered the records sealed, the proceedings in the
case shall be deemed never to have occurred, and the person may
properly reply accordingly to any inquiry about the events. The
relief consists of sealing all of the records related to the
case, including the arrest record, court records, entries on
dockets, and any other papers and exhibits. The court must send
a copy of the order to each agency and official named in the
petition for sealing records, directing the agency to seal its
records and stating the date thereafter to destroy the sealed
records.
The court may also order the dismissal of a minor's juvenile
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court case and have the court records sealed without a petition
from the minor if the minor has been found to have
satisfactorily completed an informal program of supervision or
probation, except in specified
cases. Upon sealing of the record, the arrest upon which the
judgment was deferred shall be deemed to have never occurred.
The court shall order sealed all records in its custody
pertaining to a petition dismissed.
Arguments in Support
This bill is sponsored by the Juvenile Court Judges of
California; they state that, "It has been a surprise for many to
realize that under current law, people with sealed juvenile
records do not have the same rights as those with sealed
criminal records? Not only is this treatment unequal and unfair,
but California law attempts to give juveniles an opportunity to
demonstrate they can be rehabilitated. Regrettably, existing
law does not reflect state policy regarding rehabilitation.
Juvenile records should be treated in the same way that adult
criminal records are treated when an employer is questioning a
job applicant. Employer questioning about sealed juvenile
records should be prohibited."
There is no known opposition is on file.
Prior Related Legislation
AB 666 (Mark Stone) Chapter 368, Statutes of 2015 requires
records in the custody of law enforcement agencies, the
probation department, or any other public agency having records
pertaining to the case, to also be sealed, in a case where a
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court has ordered a juvenile's records to be sealed, as
specified.
SB 1038 (Leno) Chapter 249, Statutes of 2014 provides for the
automatic dismissal of juvenile petitions and sealing of records
when a juvenile offender successfully completes probation.
AB 1756 (Skinner) from 2013 would have provided that only a
person 26 years of age or older may be charged the existing fee
of up to $150 for petitioning the court for an order sealing his
or her criminal record. AB 1756 was held on the Senate
Appropriation Committee Suspense File.
SB 530 (Wright) Chapter 721, Statutes of 2013 excludes prior
criminal convictions from consideration in employment decisions
when the conviction has been judicially dismissed or the record
has been expunged or sealed.
REGISTERED SUPPORT / OPPOSITION:
Support
California Catholic Conference
California Judges Association
Juvenile Court Judges of California
LIUNA Local 777
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LIUNA Local 792
National Association of Social Workers - California Chapter
Opposition
None on file
Analysis Prepared by:Taylor Jackson / L. & E. / (916) 319-2091