In recent years, California joined other states in banning an employer’s ability to rely on criminal history information when making hiring decisions. Under an amended law, any employer with five or more employees may not ask about or consider an applicant’s criminal history until after the employer makes a conditional job offer. In addition, employers may never consider, distribute, or disseminate information related to arrests that did not result in convictions, referrals to pretrial or post-trial diversion programs, or convictions that have been sealed, dismissed, expunged, or eradicated pursuant to law. Those employers who intend to rely on criminal history in employment decisions must show that the practice is “job-related and consistent with business necessity.”

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