Are employers allowed to ask job applicants about their criminal records?

Yes, employers are allowed to ask job applicants about their criminal records in California. Employers should list any convictions or arrests on a job application, and are allowed to ask job seekers about any convictions or arrests that have not been expunged. However, employers should not ask about criminal records if the conviction is unrelated to the job or if it violates the California Fair Employment and Housing Act. The California Fair Employment and Housing Act (FEHA) prohibits employers from discriminating against applicants and employees based on their criminal history. However, they can consider criminal records if they are job-related or relevant to the position. Employers who want to run a background check on applicants must first get permission from the applicant and follow any state and federal laws regarding background checks. At the same time, employers must take into account that convictions may be more than 7 years old and are not necessarily indicative of a person’s current character or of their ability to perform in a job. Therefore, employers must use discretion when considering an applicant’s criminal background. Overall, employers in California are allowed to ask job applicants about their criminal records, but should consider all relevant factors and conduct any background checks in accordance with state and federal laws.

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Are employers allowed to ask job applicants about their criminal records?

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