Can employers ask job applicants about criminal convictions?

In California, employers may ask job applicants about criminal convictions. Employers are allowed to consider past convictions when making hiring decisions, but only if the conviction is related to the job they are applying for. Employers must ensure that they treat all applicants in a non-discriminatory manner when considering criminal convictions. Under California law, employers are prohibited from asking applicants to disclose certain criminal convictions that are not related to the job. This includes convictions at least 7 years old, juvenile offenses, records that have been expunged, certain marijuana-related offenses, and arrests that did not lead to conviction. In addition, employers cannot consider an arrest or conviction that has been sealed, dismissed, or removed from the applicant’s record, according to California’s Fair Chance Act. This law requires employers to wait until after a job interview or a conditional offer of employment has been made before inquiring about any criminal convictions. Overall, employers in California may inquire about criminal convictions and use them to make a hiring decision. However, employers are required to consider the age of the conviction, the relevance of the offense to the job position, and any other factors that may indicate discrimination. Additionally, employers must comply with the Fair Chance Act when asking applicants about criminal convictions.

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Can employers ask job applicants about criminal convictions?

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