Under the California Fair Chance Act (FCA), employers with five or more employees are prohibited from asking about or considering your criminal history until after a conditional job offer has been made. This law is designed to reduce bias and ensure that applicants are evaluated based on their qualifications and abilities first, not their criminal records. Employers can only review your criminal history after making a conditional offer, and they must follow specific procedures to do so.

Once a conditional offer is made, the employer must conduct an individualized assessment of your criminal record. This assessment considers factors such as the nature and gravity of the offense, the time elapsed since the conviction, and whether the conviction is relevant to the job responsibilities. If the employer decides to rescind the offer based on your criminal history, they must notify you in writing and provide a copy of the conviction report. You are then given at least five business days to respond with evidence of rehabilitation or mitigating circumstances. After reviewing your response, the employer must issue a final decision in writing.

Employers are also prohibited from considering types of criminal records at any stage of the hiring process, including arrests that did not result in a conviction, sealed, dismissed, or expunged convictions, and participation in diversion programs. This means that if you have a record that falls into these categories, it cannot be used or roles requiring access to sensitive data or firearms, may be exempt from these restrictions due to legal or security requirements.

If an employer violates the Fair Chance Act, you have the right to file a complaint with the California Civil Rights Department (CRD), formerly known as the Department of Fair employment and Housing (DFEH). You may also pursue legal action if an employer fails to comply with the law’s requirements.