BILL ANALYSIS                                                                                                                                                                                                    ”






                                                                    AB 1843


                                                                     Page A


          ASSEMBLY THIRD READING


          AB  
          1843 (Mark Stone)


          As Introduced  February 9, 2016


          Majority vote


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Labor           |5-2  |Roger HernŠndez, 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         |                    |
          |                |     |HernŠndez, Holden,    |                    |
          |                |     |Quirk, Santiago,      |                    |
          |                |     |Weber, Wood           |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
           ------------------------------------------------------------------ 


          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.











                                                                    AB 1843


                                                                     Page C




          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  











                                                                    AB 1843


                                                                     Page D


          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  










                                                                    AB 1843


                                                                     Page E


          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