Applying for a Job

Posted over 2 years ago. Applies to California, 5 helpful votes

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1

What generally can Employers NOT ask me?

Under Labor Code Section 432.7; 2 Cal Code Regs Section 7287.4(d)(1), Employers generally cannot ask job applicants about these matters: Arrests or detentions that did not result in conviction; Convictions for which the record has been ordered sealed or expunged; Convictions that were dismissed under Penal Code Section 1203.4; or Information about a referral to, and participation in, any pretrial or post-trial diversion program. Among the notable exceptions to this rule: Applicants for peace officer and health care positions can be asked about arrests for sex or drug offenses. Labor Code Section 432.7(b), (f). In addition, an increasing number of positions working with vulnerable groups, such as children or dependent adults, require a criminal records clearance from the Department of Justice.

2

What is the general employee selection language of the California Code of Regulations Section 7287.4?

Section 7287.4. Employee Selection. (1) Criminal Records. Except as otherwise provided by law (e.g., 12 U.S.C. 1829; Labor Code Section 432.7), it is unlawful for an employer or other covered entity to inquire or seek information regarding any applicant concerning: (A) Any arrest or detention which did not result in conviction; (B) Any conviction for which the record has been judicially ordered sealed, expunged, or statutorily eradicated (e.g., juvenile offense records sealed pursuant to Welfare and Institutions Code Section 389 and Penal Code Sections 851.7 or 1203.45); any misdemeanor conviction for which probation has been successfully completed or otherwise discharged and the case has been judicially dismissed pursuant to Penal Code Section 1203.4; or (C) Any arrest for which a pretrial diversion program has been successfully completed pursuant to Penal Code Sections 1000.5 and 1001.5.

3

What is the general language of the California Labor Code Section 432.7?

(a) No employer, whether a public agency or private individual or corporation, shall ask an applicant for employment to disclose, through any written form or verbally, information concerning an arrest or detention that did not result in conviction, or information concerning a referral to, and participation in, any pretrial or posttrial diversion program, nor shall any employer seek from any source whatsoever, or utilize, as a factor in determining any condition of employment including hiring, promotion, termination, or any apprenticeship training program or any other training program leading to employment, any record of arrest or detention that did not result in conviction, or any record regarding a referral to, and participation in, any pretrial or posttrial diversion program. As used in this section, a conviction shall include a plea, verdict, or finding of guilt regardless of whether sentence is imposed by the court.

4

What are some Exceptions to California Labor Code Section 432.7?

Nothing in this section shall prevent an employer from asking an employee or applicant for employment about an arrest for which the employee or applicant is out on bail or on his or her own recognizance pending trial. (b) Nothing in this section shall prohibit the disclosure of the information authorized for release under Sections 13203 and 13300 of the Penal Code, to a government agency employing a peace officer. However, the employer shall not determine any condition of employment other than paid administrative leave based solely on an arrest report. The information contained in an arrest report may be used as the starting point for an independent, internal investigation of a peace officer in accordance with Chapter 9.7

5

What are some Exceptions to California Labor Code Section 432.7?

(e) Persons seeking employment or persons already employed as peace officers or persons seeking employment for positions in the Department of Justice or other criminal justice agencies as defined in Section 13101 of the Penal Code are not covered by this section. (f) Nothing in this section shall prohibit an employer at a health facility, as defined in Section 1250 of the Health and Safety Code, from asking an applicant for employment either of the following: (1) With regard to an applicant for a position with regular access to patients, to disclose an arrest under any section specified in Section 290 of the Penal Code. (2) With regard to an applicant for a position with access to drugs and medication, to disclose an arrest under any section specified in Section 11590 of the Health and Safety Code.

6

What are some Exceptions to California Labor Code Section 432.7?

(k) (1) Subdivision (a) shall not apply to any city, city and county, county, or district, or any officer or official thereof, in screening a prospective concessionaire, or the affiliates and associates of a prospective concessionaire for purposes of consenting to, or approving of, the prospective concessionaire's application for, or acquisition of, any beneficial interest in a concession, lease, or other property interest.

Additional Resources

California Labor Code Section 432.7 California Code of Regulations Section 7287.4(d)(1) California Penal Code Section 1203.4 Please remember that this information is generic in nature and not intended as specific legal advice for your individual situation. This area is constantly changing so it is imperative that you always contact an attorney to seek legal advice.

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