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New Restrictions on Employers concering expunged criminal records

Currently in California, employers are prohibited from asking a person applying for a job if they have been arrested or detained unless it resulted in a conviction. A new California bill, AB218, signed into law by the Governor on October 10, 2013, set to take effect on July 1, 2014, would prohibit a state or local agency from asking an applicant to disclose information regarding a criminal conviction, except in certain circumstances, until the agency has determined the applicant meets the minimum employment qualifications for the position.

The following circumstances are exceptions to the new law: 1) a position for which a state or local agency is otherwise required by law to conduct a conviction history background check; 2) to any position within a criminal justice agency; or 3) to any individual working on a temporary or permanent basis for a criminal justice agency on a contract basis or on loan from another governmental entity.