Ban the Box Laws in CA: What to Know

For those who are looking for a job in California, there is a lot of competition. Things get even more difficult and complicated when the applicant's criminal history comes into play.

Employers often conduct criminal background checks when ready to hire, and even a conviction that is 10, 20, or more years in the past can cause an application to be rejected before the candidate has a chance to show they have the skills and qualifications to do the job.

To change how this works, California now has a "Ban the Box" law, which gives job applicants who have a conviction history a fair chance in the hiring process.

Understanding “Ban the Box” and What it Means for California Employers

What does "Ban the Box" mean? It refers to the removal of the checkbox on job applications that ask whether an applicant has ever been convicted of a crime. Historically, many applications include this question, and once a person checks the box, their chances of moving forward in the hiring process are not very good.

California's "Ban the Box" law is part of the California Fair Chance Act. The law ensures that an applicant's conviction history doesn't automatically exclude hem from being hired. Goss Law also has insight on finding housing after criminal conviction in CA.

Key Provisions of California’s Fair Chance Act and Ban the Box Law

The law has a number of protections for job seekers:

The Timing of Criminal History Inquiries

Private employers with five or more employees are prohibited from asking about an applicant's criminal history until after a conditional offer of employment. This means that the applicant is judged first on their ability to perform the job before they do a background check.

No Criminal History Questions on Job Applications

Employers cannot include questions about criminal convictions on the initial application form.

Individualized Assessment

If the employer discovers that the person seeking employment has a criminal background, they must conduct an individualized assessment. This means that the employer needs to consider factors like:

• The nature and seriousness of the offense or offenses on the conviction history report.

• How much time has passed since the conviction.

• Whether the offense has any relevance to the job.

Notice and Opportunity to Respond

If an applicant has received a conditional offer of employment, and the employer decides that they have a direct and adverse relationship with the duties of the job, they will rescind the offer, the applicant must receive written notice. The applicant then has five additional business days to respond to the notice and provide additional information, such as evidence challenging the decision, evidence of rehabilitation or other mitigating circumstances.

Final Decision

After considering the applicant's response to the notice, employers must send a final adverse action notice not to hire the applicant if the applicant's conviction history disqualifies them from the job.

Why Ban the Box Matters to Job Applicants in California

Ban the Box is not just a technical employment rule - it's a step towards criminal justice reform and reducing recidivism. Employment plays an extremely important role in how successful a person is to re-enter society following incarceration. Without steady work, individuals are much more likely to return to prison due to repeat offenses.

By delaying when an employer can do a conviction history background check, applicants have the opportunity to show their skills, experience, and potential first. This does NOT mean an employer doesn't ever see a criminal background, but it ensures that an applicant isn't immediately disqualified based on their past.

Exceptions to the Ban the Box Law

As with most laws, there are some exceptions. Ban the Box laws don't apply to every situation. Here are some examples:

• Positions where a background check is required by law – Certain jobs, such as those in law enforcement, health care, or education, may require mandatory background checks under state or federal law.

• Positions involving sensitive populations – Jobs that involve working with minors, the elderly, or vulnerable individuals often fall under stricter screening requirements.

• Government positions requiring clearance – Roles that require national security clearance are exempt from Ban the Box provisions. If it's a job with a state or local agency, it may not be.

It is important for job seekers to understand whether the role they are applying for falls into one of these categories. Otherwise, most private sector employers, staffing agencies, and other organizations with more than five employees must follow this law.

Impact on Job Seekers

For those with a criminal history, California’s Ban the Box law has several benefits:

1. A Fair Shot – Applicants are more likely to make it to the interview stage, giving them a chance to explain their qualifications.

2. Reduced Bias – Removing the checkbox prevents automatic disqualification at the first stage of the hiring process.

3. Opportunities for Rehabilitation – The law encourages employers to look at the whole person, not just a single past mistake. If the applicant disputes this, they can request reconsideration before a final denial.

4. Stronger Workforce Participation – When individuals with records secure employment, it strengthens the economy and reduces reliance on public assistance.

What Employers Can and Cannot Do

Employers in California must follow the guidelines of the Fair Chance Act. If they don't, it can lead to a complaint with the California Department of Fair Employment and Housing (DFEH).

An employer cannot do the following:

• Ask about a criminal history on employment applications

• Reject a candidate automatically due to prior convictions without an individualized assessment

• Fail to offer proper notice if deny employment based on conviction history checks

An employer can do the following:

• Conduct a background check after extending a conditional offer of employment.

• Consider convictions if they are relevant to the job.

• Request additional information from applicants regarding their past convictions.

Steps Job Seekers Can Take in Regard to Criminal Background Checks

For those who have a criminal history, there are steps to take to improve their chances of a job offer:

Prepare for Disclosure

• Be ready to explain convictions honestly and highlight rehabilitation efforts.

• Employers often appreciate transparency and evidence of growth.

  
  

Gather Documentation

• Collect letters of recommendation, certificates of completion from rehabilitation programs, or proof of volunteer work. You may need these if you get a conditional job offer.

  
  

Understand Legal Rights

• Know that Ban the Box laws stop employment discrimination and allow applicants to challenge hiring practices that are unfair, and allow you to present relevant evidence if a preliminary decision to hire you is based on a criminal history. The employer has to justify denying the case.

Get Legal Help, if Necessary

If an employer asks about a criminal record in the initial application process or if the employer makes the applicant reveal their history before a conditional offer of employment, it's illegal. Reach out to our criminal defense attorney in Sacramento CA for help.

The Role of Goss Law in Sacramento

Navigating employment after a criminal conviction is not easy. Even with the protections of the Ban the Box law, many applicants still face challenges, including employer bias or mistakes in background reports.

Goss Law in Sacramento, CA works to protect the rights of individuals impacted by criminal records. From addressing background check errors to ensuring employers comply with fair hiring practices, the firm helps clients pursue opportunities for a fresh start.

By advocating for fair treatment, Goss Law not only assists individuals but also contributes to building stronger communities where rehabilitation and second chances are possible.