Criminal Record and Employment in CaliforniaCalifornia Government Code § 12952
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How a Criminal Record Affects Employment in California
A criminal conviction — or even an arrest without conviction — can create significant barriers to employment. Background checks are now standard in most hiring processes, and many employers, licensing boards, and professional associations have policies restricting or prohibiting the hiring of individuals with criminal records. Understanding your rights and options under California law is essential to protecting your career.
California's Fair Chance Act (Ban the Box)
California's Fair Chance Act (AB 1008), which took effect January 1, 2018, prohibits most employers with 5 or more employees from asking about criminal history on a job application or before making a conditional job offer. Employers may only conduct a background check after making a conditional offer of employment, and must conduct an individualized assessment before withdrawing the offer based on criminal history. Violations of the Fair Chance Act can be reported to the California Civil Rights Department.
Professional Licenses and Criminal Records
Many professional licensing boards in California can deny, revoke, or suspend a license based on criminal convictions. This affects nurses, doctors, lawyers, teachers, real estate agents, contractors, and many others. However, licensing boards are required to conduct an individualized assessment and cannot automatically deny a license based solely on a conviction. An expungement significantly improves your chances of obtaining or retaining a professional license.
Expungement and Employment
An expungement under PC 1203.4 allows you to truthfully state on most private job applications that you have not been convicted of the expunged offense. However, expungements do not seal records from certain government employers, law enforcement positions, and jobs working with children or vulnerable adults. Our attorneys advise clients on exactly what an expungement will and will not accomplish for their specific employment situation.
Immigration Consequences of Employment-Related Charges
For non-citizen employees, certain criminal convictions related to the workplace — such as fraud, theft, or drug charges — can trigger immigration consequences including deportation or inadmissibility. Our attorneys consider immigration consequences in every case involving a non-citizen client.
Contact Virtuoso Law
Protecting your career starts with protecting yourself in court. Call (833) 666-5245 for a free consultation — available 24/7.