Reminder: New Criminal History Consideration Regulations for California Employers Effective October 1, 2023

As previously reported, California employers must now adhere to updated changes in the Fair Employment and Housing Act (FEHA) concerning the use of criminal history information in employment.

With limited exceptions, California employers must refrain from checking the criminal histories of applicants or current employees until after making a conditional offer of employment. Information about criminal convictions disclosed voluntarily by an applicant should not be considered before extending a job offer. If an employer decides to deny an applicant or employee an opportunity based on criminal conviction history, they must conduct an individualized assessment that considers:

  • The nature and gravity of the offense or conduct;
  • The time passed since the offense and/or completion of the sentence; and
  • Whether the conviction history directly and adversely impacts the specific duties of the job for which the applicant is applying.

Following the initial individualized assessment, if the employer preliminarily decides that the conviction history disqualifies the applicant, they must provide written notification to the applicant. The notice must include:

  • The conviction(s) that are the basis for the decision;
  • A copy of the conviction history report utilized by the employer;
  • Notification of the applicant's right to respond to the notice before a final adverse decision is declared;
  • An explanation informing the applicant that if they respond, their response may include evidence either challenging the accuracy of the report or any rehabilitative or mitigating circumstances; and
  • Notification of the deadline by which the applicant must respond if they choose to do so.

Employers who fail to comply with these new regulations risk receiving complaints and potential fines. Those who use criminal records for employee screening are strongly encouraged to review all policies and procedures with legal counsel to ensure compliance with the evolving landscape of criminal background screening.

Source: California Code of Regulations

Posted: October 2, 2023

All Rights Reserved © 2023 Business Information Group, Inc.
This document and/or presentation is provided as a service to our customers. Its contents are designed solely for informational purposes, and should not be inferred or understood as legal advice or binding case law, nor shared with any third parties. Persons in need of legal assistance should seek the advice of competent legal counsel. Although care has been taken in preparation of these materials, we cannot guarantee the accuracy, currency or completeness of the information contained within it. Anyone using this information does so at his or her own risk.

Thank you for your interest in Business Information Group. We have received your message and will contact you in one business day or less.
You have exceeded the number of attempts to submit this form. As a result, your IP address has been temporarily blocked.

Get In Touch

Send a Message *fields required

What are your Interests?optional

Contact Information

Even our RFP PROCESS is state-of-the-art.

Take a look

What our clients are saying

We cannot express enough how much we have enjoyed working with BIG! It has really benefitted our processing and ease of doing business!

Licensing and Registration Manager
Investment and Insurance Company

I enjoy collaborating with BIG, and know that if I have to reach out with a question/concern, a positive attitude with a willingness to find resolve is on the other side of an email or a phone call.

Human Resources Administrator
Global Financial Services Firm

You have been the most professional and most helpful business partner that I have ever been associated with — always there to assist us and with rapid turnaround times.

Principal Consultant
Major Professional Services Network

I am confident whenever we add a product with your company that I will have a good experience.

Division Manager
Insurance and Financial Services Agency

We have received superior service and we know this is what you and your team strive for. We are grateful for the dedication, level of professionalism and effort shown.

Large Insurance Agency

You are leaving

Ok, Continue Cancel