BILL ANALYSIS Ó
AB 1843
Page 1
Date of Hearing: April 13, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
AB
1843 (Mark Stone) - As Introduced February 9, 2016
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Urgency: No State Mandated Local Program: YesReimbursable:
No
SUMMARY:
This bill prohibits a public or private employer from asking
about, or using as a factor in determining a condition of
employment, information concerning an arrest or detention that
did not result in juvenile court actions or that has been
judicially dismissed or ordered sealed.
AB 1843
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FISCAL EFFECT:
Minor/absorbable costs to the Department of Industrial
Relations.
COMMENTS:
1)Purpose. Current law, as authorized under SB 530 (Wright)
Chapter 721, Statutes of 2013, 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. This bill provides juveniles the same
protections against employer inquiries into criminal histories
as adults.
2)Background. Minors who have been found by a judge in juvenile
court to have committed a violation of the criminal law
(adjudicated delinquent) may petition the court to have their
records sealed unless they were found to have committed
certain serious offenses. 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 records sealed or dismissed,
the proceedings in the case are deemed never to have occurred,
and the person may reply accordingly to any inquiry about the
events.
Considering the negative effect that criminal records may have
on job seekers' employment prospects, the author states this
bill will provide much needed relief to youth and adults who
AB 1843
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have paid their debts to society and are seeking to improve
their lives.
Analysis Prepared by:Misty Feusahrens / APPR. / (916)
319-2081