BILL ANALYSIS Ó
AB 1843
Page A
ASSEMBLY THIRD READING
AB
1843 (Mark Stone)
As Introduced February 9, 2016
Majority vote
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Labor |5-2 |Roger Hernández, Chu, |Patterson, Linder |
| | |McCarty, O'Donnell, | |
| | |Thurmond | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |14-6 |Gonzalez, Bloom, |Bigelow, Chang, |
| | |Bonilla, Bonta, |Gallagher, Jones, |
| | |Calderon, Daly, |Obernolte, Wagner |
| | |Eggman, Eduardo | |
| | |Garcia, Roger | |
| | |Hernández, Holden, | |
| | |Quirk, Santiago, | |
| | |Weber, Wood | |
| | | | |
| | | | |
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SUMMARY: Prohibits an employer, whether a public agency or
private individual or corporation, from asking an applicant for
AB 1843
Page B
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
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.
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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: According to the Assembly Appropriations
Committee, minor absorbable costs to the Department of
Industrial Relations.
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
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
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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. This bill recognizes the established
role of California's Juvenile Courts as institutions of reform,
not punishment, and will help individuals with juvenile records
to find and hold jobs, and become fully functioning members of
society.
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
---------------------------
<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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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.
Analysis Prepared by:
Taylor Jackson / L. & E. / (916) 319-2091 FN:
0002731