California’s “ban-the-box” law changed how you can ask about criminal history during hiring. The Fair Chance Act, which took effect in 2018, prohibits most employers from asking about a candidate’s criminal record before offering a job. If you run a business in California, this law affects how you screen applicants and structure your hiring process.
When you can ask about criminal history
You can only ask about an applicant’s criminal history after you’ve made a conditional job offer. That means no more criminal background check questions on job applications or during interviews before an offer is made. If you decide to run a background check after the offer, you must follow specific steps to stay compliant.
Steps you must follow if you withdraw a job offer
If you find something in the background check that makes you want to take back the offer, the law requires you to go through a detailed process. You must send a written notice to the applicant explaining your intent to withdraw the offer, along with a copy of the report you used. You must give the applicant at least five business days to respond or dispute the information. If they do, you need to wait another five days before making a final decision.
What you can’t consider under the law
There are certain records you can’t use when making employment decisions. These include arrests that didn’t lead to a conviction, participation in diversion programs, and sealed or expunged convictions. Using these types of records in your decision-making process can expose your business to legal risk.
How to protect your business
Review your job postings, applications, and interview procedures to make sure they don’t mention criminal history. Train hiring managers on when they can ask about background information. If you use a third-party screening service, confirm that their process meets California’s requirements. Staying consistent with the Fair Chance Act helps you avoid penalties and keeps your hiring practices fair.