It is common for employers to run a record check while hiring someone. Besides, they ask for the felony record of any individual. This ends many hiring processes. The chances of Californians looking for jobs for felons are far better. And the reasons are the California laws. So if you are one of them, you must know about the California laws on felony employment.
California’s Ban-the-Box Law – jobs for felons
California follows the ban-the-box law. And it came into force on January 1, 2018. It tells employers not to ask about criminal records in the early stage of the hiring process. And the law is for any employer with five or more employees. No doubt, this law aims to end the bias in the hiring process for jobs for felons. It tells employers to look into the skills of an applicant and not into past mistakes.
As the name says, this law removes a common checkbox on job applications. No employer can ask about the past criminal record of a job seeker in the application form. So, there is no need to check “yes” or “no” to this query.
Things to Consider for Any Californian Employer
No doubt, this law allows them to ask about their criminal record after making a conditional job offer. But they will only consider those arrest records that resulted in a conviction. Besides, this law tells employers to see the nature and severity of the crime. Apart from that, it also tells them to see how long before the crime took place. And whether the applicant completed his sentence or not. Moreover, they should see if the nature of the crime is related to the applied job post or not.
This means if anyone has a conviction related to child abuse, he cannot apply for a primary school teacher post. However, he can apply for other jobs that have no connection with the conviction.
Besides, if any employer rejects anyone looking for jobs for felons, he should provide written notice for his decision. This notice should specify the conviction for which the candidate is rejected.
Apart from that, it must provide the applicant’s right to reply with clear proof within a certain time period. In fact, every applicant has a chance to challenge the employer’s decision within five days. In such cases, they have to gather proofs that prove their efforts to rectify their past mistakes.
Criminal Records that Californian Employers Should Not Consider
Employers should not consider the following at any time during the hiring process:
- Sealed conviction of any candidate
- Any marijuana offenses that are more than two years old
- Juvenile records of any applicant
- Arrest records without any conviction
However, employers can check the record from any 3rd party. The 3rd party should be compliant with the FCRA. But they have to offer a copy of that record to the jobseeker if they decide not to hire him.
Final Thoughts
There is no doubt Federal and California laws stop most employers from making any biased decisions in felony employment. It is great for anyone looking for second chance jobs for felons.
