Can California employers ask about felony convictions?

Asked by: Shayne Murray  |  Last update: March 8, 2025
Score: 4.4/5 (31 votes)

The Fair Chance Act, which went into effect on January 1, 2018, is a California law that generally prohibits employers with five or more employees from asking about your conviction history before making you a job offer.

Can you ask about felony convictions on a job application in California?

In 2018, California eliminated its "check the box" system of screening applicants with criminal backgrounds. Meaning, under California law, it is against the law to ask an applicant any questions regarding an applicant's criminal history during interviews or on the job application itself.

Can you deny employment based on a criminal record in California?

California's “ban the box” law protects job applicants with criminal records.

Can you get a job in California with a felony?

A felony conviction does not preclude you from being employed by the State of California. Once your conviction is expunged, you will not have to disclose your prior conviction unless you are seeking a license for your employment.

What is the new law in California about criminal background checks?

Enacted in 2018, California's Fair Chance Act generally prohibits employers, with five or more employees, from asking a job candidate about their conviction history before making a conditional job offer.

Can employers ask you if you’ve ever been convicted of a crime in the initial application phase?

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Will a felony show up on a background check after 10 years in California?

After employers in California make a conditional employment offer, they may order a criminal background check that goes back only seven years (with some exceptions). Therefore, employers cannot see convictions older than seven years and cannot pass you over based on seven-plus old convictions.

How do you explain a felony conviction to an employer?

It is up to you, but we recommend honesty. On the application, write ”will discuss in interview” rather than a lengthy explanation of past convictions. In an interview, keep explanations brief, and stress what you have learned from your conviction and time in prison, how you have changed, and your skills or assets.

Is California a felony friendly state?

California is considered a friendly state for people who have been convicted of crimes. One reason is the limits we place on an employer's ability to use your criminal history against you unless it directly relates to the job. Our Ban the Box law helps people with criminal convictions find jobs.

Is it hard to get a job with a felony on your record?

The challenges are particularly acute for those with drug and violent crime offenses. Researchers at the University of California, Riverside, found about 75% of hiring managers said they were unwilling to seriously consider applicants convicted of drug, property or violent crimes in a 2021 survey.

Do felonies go away in California?

Felony convictions are not automatically expunged with the passage of time but require the filing and granting of an Expungement Petition by the Court. Many felony cases are "wobblers"; that is, they can be reduced to misdemeanors (even after many years) and then expunged in the same court proceeding.

How far back can an employer check your criminal record in California?

In California, criminal convictions can only be reported for seven years. Under California civil code (The Investigative Consumer Reporting Agencies Act), any misdemeanors, complaints, indictments, arrests, and convictions older than that cannot be reported on background checks.

How can I hide my criminal record from my employer?

REQUIREMENTS TO LEGALLY HIDE CRIMINAL RECORDS:

Receive a discharge and dismissal from the court. Wait the required time period. This time period varies by offense. File a petition in the proper court.

Will a felony show up on a background check after 10 years?

Under Cal. Civ. Code 1786.18(a)(7), California mandates that a conviction can't be reported when it's older than seven years. Arrests that didn't lead to convictions can't be reported regardless of how much time has elapsed.

What is the second chance law in California?

In California, the “2nd Chance Law” refers to a set of laws and initiatives that aim to provide individuals who have been convicted of a crime with the opportunity to have their criminal records sealed or expunged.

Does California allow criminal background checks for employment?

It is an unlawful employment practice under the California Fair Employment and Housing Act (FEHA) to seek the disclosure of an applicant's criminal history until after the applicant has received a conditional offer of employment.

What convictions can stop you from getting a job?

Theft/Shoplifting – Any conviction involving an element of dishonesty or stealing is a huge red flag for employers. They may worry you could steal from the company. Drug Possession – Even a minor marijuana possession charge can disqualify you from many jobs, especially those involving operating vehicles or machinery.

Do felonies go away after 7 years?

Dismissed felony charges can usually be sealed or expunged right away. In California, a felony conviction stays on your record forever if you do not get it expunged. You may be eligible for an expungement if you did not serve time in state prison.

Does the state of California hire felons?

A felony conviction does not preclude you from being employed by the State of California. Once your conviction is expunged, you will not have to disclose your prior conviction unless you are seeking a license for your employment.

What companies do not hire felons?

There are a lot of industries that won't hire felons such as education, financial, medical, security, transportation among others.

Is it hard for a felon to get a job in California?

Felony convictions: Felony offenses, such as violent crimes, theft, or drug-related charges, can significantly limit your options in the job market, as many employers may be hesitant to hire individuals with such convictions.

Do federal felonies show up on background checks?

The federal employment background check process is conducted using the PACER database. PACER provides public access to more than one billion documents in federal courts. When conducting federal background checks, the results may include federal felony and misdemeanor convictions across all federal district courts.

How bad is a felony in California?

Under California law, a felony is a serious criminal offense that can result in imprisonment for more than one year. Felonies are considered more severe than misdemeanors and can have significant consequences, including loss of voting rights (while in prison), professional licenses, and the ability to own firearms.

What is the best job a felon can get?

12 highest-paying jobs for felons
  1. Digital marketer. ...
  2. Freelance copywriter. ...
  3. Freelance designer. ...
  4. Painter. ...
  5. Maintenance worker. ...
  6. CNC machinist. ...
  7. Car sales executive. ...
  8. Entrepreneur.

Does a felony show up on a credit report?

Credit reports only show court records that result in civil court orders for financial recovery. It remains for 7 years from date of last activity and then drops off. A felony would be part of your criminal background check and is visible to anyone who bothers to look long after you are dust.

Does Goodwill hire people with a felony?

Can a felon with SO offense be hired at goodwill stores? Yes! Felons with offense can be hired and are welcomed.