California Fair Chance Act: Fair Employment Opportunities for those with Prior Criminal Records

If you’ve been convicted of a crime in the past, know your rights when looking for a job in Fresno.  California Senate Bill 1008, also known as the California Fair Chance Act, was enacted to promote fair employment opportunities for individuals with prior criminal records. 

For example, the bill prohibits employers with five or more employees from asking about an applicant's criminal history on a job application or conducting a background check until after a conditional job offer has been made.  Also, employers must perform an individualized assessment of the applicant's qualifications before denying employment based on their criminal record. This assessment considers factors such as the nature and gravity of the offense, the time that has passed since the offense or completion of the sentence, and the nature of the job.  If the employer intends to deny employment based on the applicant's criminal history, they must provide written notice explaining the disqualifying conviction and allow the applicant a reasonable opportunity to respond and present evidence challenging the accuracy or relevance of the conviction.

If an employer ultimately decides to deny employment to you based on your criminal record, they must notify you in writing, provide a copy of the background check report (if one was conducted), and inform them of their right to file a complaint with the California Department of Fair Employment and Housing (DFEH).  Certain positions are exempt from the provisions of SB 1008, including jobs that require a state or local agency to conduct a criminal background check or prohibit individuals with certain convictions from holding the position.

The primary objective of SB 1008 is to give individuals with prior convictions a fair chance at employment by removing barriers that may arise from disclosing their criminal history early in the hiring process. It aims to reduce employment discrimination based on criminal records and encourage employers to consider an applicant's qualifications and rehabilitation efforts before making hiring decisions.