California: Governor Bans the Box on Juvenile Criminal History Inquiries

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All Employers with California Employees or Applicants

EFFECTIVE

January 1, 2017

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(888) 378-2456

On September 27, 2016, Governor Brown signed AB 1843, which will prohibit California employers from (1) requesting or seeking out any information regarding an applicant’s arrest, detention, processing, diversion, supervision, adjudication, or court disposition that occurred while the applicant was subject to juvenile court law, and (2) using juvenile criminal history as a factor in determining conditions of employment, such as hiring, promoting, or terminating employment.

As an exception, healthcare facilities are permitted to request applicants to disclose felony or misdemeanor convictions for a sexual offense or drug possession that was adjudicated within the last five years, unless the record is sealed by the Juvenile Court.  However, the healthcare facility must provide applicants with a list of the applicable offenses for which disclosure is sought.

Action Items

  1. Read the full text of AB 1843 here.
  2. Review hiring and background screening procedures and remove any inquiries or procedures that seek information about an applicant’s juvenile criminal history.
  3. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2016 ManagEase, Incorporated.

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