AB 2535, as introduced, Grove. Employment applications: criminal history.
Existing law prohibits both public and private employers from asking an applicant for employment to disclose, either in writing or verbally, any information concerning an arrest or detention that did not result in a conviction.
Commencing July 1, 2014, the law prohibits a state or local agency from asking an applicant to disclose information regarding a criminal conviction, except as specified, until the agency has determined the applicant meets the minimum employment qualifications for the position.
This bill would mandate that a state agency, subsequent to making a determination that an applicant meets the minimum employment requirements, require the applicant to provide a written disclosure regarding his or her criminal conviction history, as specified.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 432.9 of the Labor Code is amended to
2read:
(a) A state or local agency shall not ask an applicant
4for employment to disclose, orally or in writing, information
5concerning the conviction history of the applicant, including any
6inquiry about conviction history on any employment application,
7until the agency has determined the applicant meets the minimum
8employment qualifications, as stated in any notice issued for the
9position.
10(b) Subsequent to making a determination that an applicant
11meets the minimum employment requirements, a state agency shall
12require the applicant to disclose, in writing, whether or not the
13applicant has been convicted in any court of a misdemeanor or a
14felony.
15(b)
end delete
16begin insert(c)end insert This section shall not apply to a position for which a state
17or local agency is otherwise required by law to conduct a
18conviction history background check, to any position within a
19criminal justice agency, as that term is defined in Section 13101
20of the Penal Code, or to any individual working on a temporary
21or permanent basis for a criminal justice agency on a contract basis
22or on loan from another governmental entity.
23(c)
end delete
24begin insert(d)end insert This section shall not be construed to prevent a state or local
25agency from
conducting a conviction history background check
26after complying with all of the provisions of subdivision (a).
27(d)
end delete
28begin insert(e)end insert As used in this section, “state agency” means any state office,
29officer, department, division, bureau, board, commission, or
30agency.
31(e)
end delete
32begin insert(f)end insert As used in this section, “local agency” means any county,
33city, city and county,
including a charter city or county, or any
34special district.
35(f)
end delete36begin insert(g)end insert Section 433 does not apply to this section.
37(g) This section shall become operative on July 1, 2014.
end deleteO
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