Are employers allowed to ask job applicants questions about their criminal history?

In California, employers are allowed to ask job applicants questions about their criminal history; however, the prospective employer must comply with certain regulations. Under California’s employment discrimination law, employers are prohibited from automatically disqualifying job applicants based solely on their criminal history unless the record is directly relevant to the job they are applying for. Employers can, however, ask job applicants about their criminal records as part of their application process. When conducting a job interview, employers are limited in how much information they are allowed to ask. For example, employers are prohibited from asking job applicants about expunged convictions or arrests that did not result in a conviction. Employers can also not ask about drug-related offenses that are more than seven years old. Additionally, employers are prohibited from taking any adverse action against an applicant due to their criminal history until after they receive the complete results of a criminal background check. In general, employers in California must comply with the Fair Chance Act in order to maintain compliance with employment discrimination laws. The Fair Chance Act requires employers to make individualized assessments of the applicant’s criminal history in order to determine whether or not it is pertinent to the position. Employers must also provide applicants with an opportunity to explain any criminal history before any adverse action is taken.

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Are employers allowed to ask job applicants questions about their criminal history?

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