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California Law AB applies to all employers with more than five employees, but does not supersede the local laws in Los Angeles, San Francisco or any other CA municipality. The law prohibits an employer from denying employment to an applicant solely, or in part, based on their conviction history. This is until the employer conducts an Individualized Assessment of the applicant relative to the nature and seriousness of their crime, how long ago the crime occurred, and the nature of the job they are applying for, as it might relate to the crime they committed, which mimics EEOC standards.
The result of the Individualized Assessment does not have to be provided to the applicant in writing. Additionally, State or local public employers are prohibited from asking applicants about their conviction history until it has been determined that the applicant meets the advertised minimum qualifications for the position. Los Angeles, San Francisco and other California municipalities have enacted their own versions of ban-the-box laws.
Mail the application. Mail the request letter or application, and your check or money order to:. California Department of Justice P. Get Fingerprinted. After you have your fingerprints taken for which there may be an additional fee , the location will send an electronic copy to the DOJ in Sacramento.
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After they receive your fingerprints, the DOJ will send you a copy of your criminal records. If you cannot afford the fee, you may request a waiver. In the letter or application, you must state that you cannot afford the fee because you are poor, and you must include some proof that you are poor. To prove that you are poor, you may be able to simply explain how much you make a month and what your expenses are rent and utilities in the letter.
If possible, you should include a copy of your pay stubs or bank accounts. Do NOT send original documents. The history will include your name, date of birth, and a list of all prior arrests and convictions. The history will list an abbreviation of the code sections of all charges and convictions. You can look up your code section online, at a law school or courthouse library. Librarians often will be able to help you find the code section that you need. You can only request your own history. No other individual or person can request your history either, with some exceptions. Generally no.
Most private employers do NOT have the right to request your summary criminal history. In fact, unauthorized use of your private information is a crime. Some of the most important exceptions are listed below:. Normally, no. With very few exceptions, your employer may NOT ask you to provide a copy of your summary criminal history.
If your employer is entitled to the information, it must request it directly from the appropriate agency, NOT from you. The summary criminal history includes information on all arrests. Nonetheless, if you were arrested and either 1 not charged OR 2 not convicted, you may be able to seal your records.
If your arrest or conviction of a misdemeanor while a minor has been sealed, the information should not appear in your summary criminal history. If it does, you may correct the records. To do so, see the section 11 below. Generally not. Your employer is also prohibited from trying to find out from other sources whether you have been arrested.
Generally, yes. It is legal for your employer to ask about all convictions, including misdemeanors as well as felonies. However, when your employer can ask you about your past convictions may be restricted by law. With some exceptions, an employer may also not ask or use convictions that have been judicially dismissed or ordered sealed to deny you employment.
When you request your summary criminal history from the Department of Justice, they should automatically send you a correction request form along with your records. If you find something wrong with your records, fill out the form and return it to:. When you fill out the correction form, you must include certain information.
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First, you should describe as specifically as possible the information that is wrong or missing from your record. The public agency shall render its decision within 20 days of the submission of evidence by the prospective concessionaire. Any policy or practice of an employer or other covered entity which has an adverse impact on employment opportunities of individuals on a basis enumerated in the Act is unlawful unless the policy or practice is job-related, as defined in Section Except as otherwise provided by law e. Any court or agency having custody of the records shall provide for the timely destruction of the records in accordance with subdivision c.
The requirements of this subdivision do not apply to records of any conviction occurring prior to January 1, , or records of any arrest not followed by a conviction occurring prior to that date. Any person subject to an arrest or conviction for those offenses may apply to the Department of Justice for destruction of records pertaining to the arrest or conviction if two or more years have elapsed since the date of the conviction, or since the date of the arrest if not followed by a conviction.
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The application form may be made available at every local police or sheriff's department and from the Department of Justice and may require that information which the department determines is necessary for purposes of identification. The department may request, but not require, the applicant to include a self-administered fingerprint upon the application. If the department is unable to sufficiently identify the applicant for purposes of this subdivision without the fingerprint or without additional fingerprints, it shall so notify the applicant and shall request the applicant to submit any fingerprints which may be required to effect identification, including a complete set if necessary, or, alternatively, to abandon the application and request a refund of all or a portion of the fee submitted with the application, as provided in this section.
If the applicant fails or refuses to submit fingerprints in accordance with the department's request within a reasonable time which shall be established by the department, or if the applicant requests a refund of the fee, the department shall promptly mail a refund to the applicant at the address specified in the application or at any other address which may be specified by the applicant.
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Upon receipt of a sufficient application, the Department of Justice shall destroy records of the department, if any, pertaining to the arrest or conviction in the manner prescribed by subdivision c and shall notify the Federal Bureau of Investigation, the law enforcement agency which arrested the applicant, and, if the applicant was convicted, the probation department which investigated the applicant and the Department of Motor Vehicles, of the application.
However, where 1 the only entries upon the record pertain to the arrest or conviction and 2 the record can be destroyed without necessarily effecting the destruction of other records, then the document constituting the record shall be physically destroyed. Additionally, no records shall be destroyed pursuant to subdivision a if the defendant or a codefendant has filed a civil action against the peace officers or law enforcement jurisdiction which made the arrest or instituted the prosecution and if the agency which is the custodian of those records has received a certified copy of the complaint in the civil action, until the civil action has finally been resolved.
Immediately following the final resolution of the civil action, records subject to subdivision a shall be destroyed pursuant to subdivision c if more than two years have elapsed from the date of the conviction or arrest without conviction. The attorneys at Shouse Law Group bring more than years collective experience fighting for individuals. We're ready to fight for you. Shouse Law Defense Group has multiple locations throughout California. Click Office Locations to find out which office is right for you.
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