California Labor Law Bans Employers from Asking for Juvenile Criminal Records

October 27th, 2016 | Sterling

On September 27, 2016, California Governor Gerry Brown signed AB No. 1843 which amends the labor code to prohibit most employers from considering certain juvenile records for employment purposes. Here are the highlights:

Employers are restricted from asking applicants or seeking through any source such as a background check, information about an arrest, detention, processing, diversion, supervision, adjudication, or court disposition that occurred while the person was subject to the process and jurisdiction of a juvenile court.

Employers are restricted from using this information as part of or for any type of employment decision including hiring, promotion, or training program, etc.

A conviction does not include any adjudication by a juvenile court, or an action taken with a person under the jurisdiction of juvenile court law.

Health care employers can no longer inquire into an applicant’s juvenile history unless the position has access to patients or medication. In those circumstances applicants can be asked to disclose an arrest under section 290 of the Penal Code or under section 11590 of the Health and Safety Code respectively.

• The adjudication of the offense must have been withinyears of the application of employment.
• A health care employer must provide the applicant with a specific list of the offenses sought.

The new law will be effective January 1, 2017. Consult with you legal counsel regarding how this law might impact your background policies and program. The full text of the bill can be found here.

Sterling is not a law firm. This publication is for informational purposes only and nothing contained in it should be construed as legal advice. We expressly disclaim any warranty or responsibility for damages arising out this information. We encourage you to consult with legal counsel regarding your specific needs. We do not undertake any duty to update previously posted materials.