The Impact of Criminal Records on Employment in California
Having a criminal record can create significant barriers to employment. In California, the stigma and personal consequences of a conviction can be substantial.
At Werksman Jackson & Quinn LLP, we combine strategic legal insight with tenacious advocacy to help clients avoid a criminal conviction, with the goal of helping you clear your record and move forward with confidence.
Criminal Record Employment California: What You Need to Know
Employers often conduct background checks on job applicants. These checks may reveal arrests, charges, and convictions—even those that occurred years ago. In some cases, a criminal record can disqualify you from certain jobs, licenses, or professional certifications. However, California law has implemented several protections for applicants with criminal histories.
California’s Fair Chance Act
The Fair Chance Act (AB 1008), enacted in 2018, is a Ban the Box law that prohibits employers with five or more employees from asking about criminal history on job applications. This law stipulates that:
- Employers cannot inquire about criminal records until after a conditional job offer is made.
- Applicants must be given the opportunity to respond to any concerns raised in a background check.
- Employers must conduct an individualized assessment before rescinding a job offer.
This law provides a critical first step toward fair hiring, but challenges remain for individuals whose records appear during later stages of the hiring process.
The Role of Background Checks
Background checks are a routine part of the hiring process for many employers, especially in industries involving finance, healthcare, education, and government. These checks can uncover:
- Felony or misdemeanor convictions
- Arrests that did not lead to convictions
- Pending charges
Although California restricts how this information can be used, many applicants still face discrimination when their criminal history is revealed.
Legal Limitations on Use of Records
Fortunately, there are significant legal protections for people in Los Angeles. Under California law:
- Arrests that did not lead to a conviction generally cannot be considered by employers.
- Convictions older than seven years are not allowed on consumer reports for most jobs, per California Civil Code §1785.13.
- Expunged or sealed records should not be used against an applicant.
Nonetheless, not all employers comply with these rules, and legal advocacy may be required to protect your rights.
Barriers for Job Seekers
When a criminal record is revealed during a job search, it can:
- Result in automatic disqualification, regardless of rehabilitation
- Force individuals to settle for lower-paying or unstable employment
- Limit opportunities for career advancement or licensure
- Lead to repeated rejection and discouragement
For many, a criminal record becomes a lifelong barrier. That’s why legal remedies such as expungement can be essential.
Understanding Expungement in California
Expungement is a legal process that allows individuals to have certain convictions dismissed from their records. While it does not erase the conviction, it updates the record to reflect that the case was dismissed after successful completion of probation or sentencing.
Who Is Eligible for Expungement?
Under California Penal Code §1203.4, eligibility depends on several factors, including:
- Completion of probation or sentence
- No pending charges or current incarceration
- The conviction is not for certain serious crimes (e.g., sex offenses involving children)
If granted, expungement changes the plea from “guilty” or “no contest” to “not guilty,” and the case is dismissed.
Benefits of Expungement
Expungement can:
- Improve chances of employment
- Allow legal disclosure of “no convictions” on most job applications
- Reduce stigma and enhance personal confidence
At Werksman Jackson & Quinn LLP, we evaluate each client’s eligibility and guide them through every step of the expungement process.
Job Applications and Disclosure
Thanks to California’s Fair Chance Act, you do not have to disclose your criminal record on a job application. If your conviction has been expunged, in most private employment contexts, you do not have to disclose it to a potential employer.
However, exceptions may apply in law enforcement or public agency positions, applications for certain licenses, credentials, and federal employment or background checks.
Legal Rights and Protections
Applicants with a criminal history in California have several legal protections:
- Right to fair consideration: Employers must assess the nature of the offense, the time passed, and its relevance to the job.
- Right to respond: Applicants can submit evidence of rehabilitation or dispute inaccuracies in background checks.
- Right to privacy: Certain records, such as juvenile offenses or sealed cases, are protected from disclosure.
When a Criminal Record Is a Barrier to Licensure
Many professional licenses in California for nursing, law, real estate, and more require background checks. While a criminal record does not automatically disqualify you, it can prompt a disciplinary review.
Rehabilitation and Reentry Support
Beyond legal remedies, California also offers programs and initiatives aimed at helping individuals with criminal records reenter the workforce:
- Certificates of Rehabilitation: A court-issued document showing a person’s reform, often used to support a governor’s pardon request.
- Propositions 47 and 64: Allow reclassification or resentencing of certain drug and theft-related felonies to misdemeanors.
- Clean Slate Laws: Expand eligibility for record sealing for arrests and certain convictions.
Why Legal Representation Matters
Dealing with the impact of a criminal record on employment prospects can be daunting. However, an experienced criminal defense team can:
- Provide vigorous legal defense against criminal charges
- Identify all available post-conviction remedies
- Assist with expungement and sealing of records
- Defend your rights in the hiring process
- Advise you on licensing and job application strategies
Speak With Our Trusted Criminal Defense Attorneys in Los Angeles
Don’t let a criminal record control your future. Whether you are seeking employment, applying for a license, or pursuing an expungement, you deserve strong legal support.
Werksman Jackson & Quinn LLP is one of the most successful and highly esteemed criminal defense law firms in the nation. We’ve successfully defended clients in high-profile cases, having provided unmatched courtroom strength to help our clients protect their future.
Call our criminal defense lawyers today at (213) 688-0460 to schedule a consultation. Let us help you fight for your future and your right to meaningful employment.
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