BILL ANALYSIS Ó 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 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 | | | | | | | | | | | | ------------------------------------------------------------------ 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