Skip to main content
Home  Our Message  About Us  Donate  Contact Us  Programs  Company Calendar  Staff  Opportunities  Fundraiser  Criminal Records and Empl  links  Member Login  Site Map   

 

 

A.P.M.O.C.

P.O. BOX 38738

SACRAMENTO, CALIFORNIA

95838

(916) 581-0021

apmoc1@juno.com

 

 

Criminal Records and Employment

What Can California Employers Learn About (1) Arrests and (2) Convictions?

 

Can the employer ask about it?*

Will it be reported on a commercially prepared background check?**

Will it be on a rap sheet from FBI / CA DOJ?

Arrest that did not lead to conviction

No

(unless for law enforcement position or certain drug arrests for some healthcare positions)

No

(unless company has verified in last 30 days that arrest is still open)

 

Yes / Yes

 

Conviction <7 years old

Yes

Yes

Yes / Yes 

Conviction >7 years old

Yes

No 

Yes / Yes

1203.4 dismissal for misdemeanors

No

 

No 

Probably / Yes

 

Successful diversion program

No

 

No

 

Probably / Yes 

* This does not include the over 200 occupations in California that require state licensing or certification.

* Remember, commercially prepared background checks are often inaccurate and report arrests and/or convictions they should not under CA law.

National Employment Law Project

www.nelp.org  

National Employment Law Project Contact Information 

Hotline for applicants denied employment

based on criminal record: 

(510) 409-2427

Peggy Stevenson & Madeline Neighly

www.nelp.org

National Employment Law Project 

Consideration of Arrest and Conviction Records in Employment Decisions
Under Title VII of the Civil Rights Act of 1964

 

 

Click link below for the new
 
EEOC Enforcement Guidance
 
 
Employment Rights of Workers with Criminal Records
Anti-discrimination and consumer protection laws provide critical protections for workers with criminal records. But too often these laws are not enforced. NELP is working to enforce Title VII of the Civil Rights Act of 1964 and the Fair Credit Reporting Act to expand job opportunities for people with criminal records. NELP maintains extensive resources on the Equal Employment Opportunity Commission's guidance on the use of conviction and arrest records in employment decisions and the guidelines of the U.S. Department of Labor applying the civil rights protections to the workforce development community.