When can (and can’t) employers ask about my criminal record under the new Fair Chance Act (AB 1008)?
With the passage of AB 1008 (The Fair Chance Act), which went into effect on January 1, 2018, almost ANY employer with five or more employees, whether public or private, has to wait to ask about your criminal record until AFTER they have given you a conditional offer of employment — meaning an offer they can still withdraw.[1867] This means that they CANNOT ask about your record on the job application or during the initial interview(s). They must also wait to run a background check. If an employer asks about your criminal record prior to offering you a conditional position, they are not complying with California law. If you believe your rights have been violated, you can file a complaint with the California Department of Fair Employment and Housing. You can learn more and file a complaint online at dfeh.ca.gov/complaint-process/file-a-complaint.
Exceptions: California law recognizes that a job applicant’s criminal history is relevant to certain positions. As a result, a small number of employers are required to ask about your criminal history up front, such as law enforcement agencies and health facilities.[1868]