Overcoming Barriers to Employment

The Fair Chance Act, which went into effect on January 1, 2018, is a California law that aims to reduce undue barriers to employment for individuals with criminal histories. This law generally prohibits employers with five or more employees from asking a job candidate about conviction history before making a job offer, among other requirements.  

The Fair Chance Act generally makes it against the law for employers to ask about or consider a job seeker’s conviction history before offering them a job.

This means most employers CANNOT

:

• Ask about conviction history on job applications

• Run a background check or do an Internet search for criminal history before making a job offer

• Make statements in job postings that exclude people with criminal histories (such as job advertisements that say “No Felons” or “Must Have Clean Record”)

If you see job ads like this, report them to the California Civil Rights Department

After making a conditional job offer, employers ARE allowed to run a background check. There is certain information an employer can never consider.

This includes:

• Arrests that did not result in convictions (with limited exceptions)

• Convictions that have been sealed, dismissed, expunged or statutorily eradicated (like the automatic sealing of some juvenile court records when a person becomes an adult)

• Charges or convictions that have been dismissed, sealed, or eradicated after a person successfully completed pretrial or posttrial diversion programs (for example, drug court or mental health court)

• Conviction history that is more than seven years old based on the date of disposition (the conviction date), date of release from prison or jail, or date of parole

An employer cannot automatically reject someone just because they have a criminal record — even for serious offenses like violent crimes or sex offenses.

Before making a decision, the employer must do an individualized assessment and consider:

1. Details of the Conviction
    
   • What happened, how serious it was, and if anyone was harmed
      
   • The person’s age at the time
      
   • Whether trauma, abuse, or disability played a role
      

1. Time Passed
    
   • How long it's been since the incident or release from jail/prison
      

1. Relevance to the Job
    
   • Whether the conviction relates to the job duties or workplace risks
      

Employers must look at the whole picture — not just the record.

Know your rights if an employer takes back a job offer due to your criminal record.

If a job offer is withdrawn because of your conviction history, you can (but are not required to) respond with information that explains your situation. This can include:

• Your age when the conviction happened
   
• What happened and why
   
• Your work history and efforts to find a job
   
• Participation in school, training, rehab, or counseling
   
• Following probation or parole rules
   
• Whether you're covered by a bonding program
   
• Chances of it happening again
   
• Impact of trauma, abuse, or disability
   

You can share documents like certificates, letters of support, police reports, or medical records to show you’ve made progress or explain the situation.

You can also correct errors in the background check.

Once you submit this info, the employer must reconsider the decision (called a "reassessment").

If they still want to take back the offer, they must tell you in writing, explain how you can appeal, and let you know you have the right to file a complaint with the Civil Rights Department.

If you believe you were subjected to discrimination, harassment, or retaliation, the State of California's Civil Rights Department may be able to investigate and help you resolve your complaint. You may also be entitled to compensation for an employer's violation of the law.