Employment Law Blog

Changes to the Job Application

10/26/2016

 

Many job applications ask whether a job applicant has ever been charged with or arrested for a crime.  This question is often worded so broadly that it can include offenses for which someone may have been charged, but not convicted, when they were under the age of 18.  Persons who may have made mistakes in their past, particularly when they were juveniles, may find that their job applications are unfairly rejected outright if they have had such issues in their past and are truthful in answering “yes” to this question even if they were never convicted of a crime as a juvenile.  Or, even worse, a person may have a job offer rescinded when a potential employer conducts a background check and finds a juvenile criminal charge that never resulted in a conviction in the job applicant’s past.

In an effort to protect the rights of Californians who may find themselves in the situation of having been arrested for or charged with a crime as a juvenile for which they were never convicted, Governor Jerry Brown of California recently signed into law protections for Californians who may have made mistakes in their past that resulted in charges while the person was a juvenile but never resulted in a criminal conviction.  Specifically, the new law prohibits employers in California from requiring potential employers to disclose juvenile charges that never resulted in a conviction.  This is important legislation that will protect the rights of job seekers and harmonize existing law on this issue.

AB 1843 and a Job Applicant’s Juvenile Criminal History

AB 1843, which was passed by California’s Legislature and signed into law by Governor Brown on September 30, 2016, prohibits potential employers from requiring job candidates to reveal any information about involvement in the juvenile justice system that did not result in a conviction. It also would bar employers from using the information as a condition of employment.  Therefore, job applicants in California are no longer permitted to be asked by potential employers whether they were ever charged with or arrested for, but not convicted, of a juvenile offense.  This specific provision was added to Section 432.7 of California’s Labor Code, which also prohibits employers or potential employers from asking a job applicant such information concerning adult charges or arrests for which they were never convicted.

Contact Us if Your Rights Were Violated in the Job Application Process

If you believe you were unfairly denied a job because of a criminal charge for which you were never convicted, contact the employee rights lawyers of Hekmat Law Group today.  We are aggressive attorneys who have extensive experience representing California employees in connection with a variety of employment law claims.  Contact Hekmat Law Group at 424-888-4LAW to discuss your potential legal options today.  We are happy to answer any questions you may have regarding California employment laws and the initial consultation is always free.