Jobs for Felons in California

Under the California Fair Chance Act, an employer with 5 or more employees cannot ask about your conviction history on the application, or anywhere else, until after it makes you a conditional job offer. That covers private companies and government employers: the state, counties and cities.

There are exceptions: jobs where a law already requires a background check or restricts hiring based on records, jobs at criminal justice agencies, and farm labor contractors.

After the offer, an employer that wants to pull it because of your record must first look at you as a person: how serious the offense was, how long ago it happened and when you finished your sentence, and what the job actually involves.

Then it must tell you in writing, with a copy of the report, and give you at least 5 business days to answer. Send proof the report is wrong, proof of rehabilitation, or both. If you tell them in writing that the report is wrong and you are getting proof, you get 5 more business days. A final no must be in writing too, and must tell you that you can file a complaint with the Civil Rights Department.

Employers, public or private, cannot ask about or use an arrest that did not lead to a conviction, a diversion program, or a conviction that was dismissed or sealed, including a dismissal under Penal Code 1203.4 and automatic relief under 1203.425. They can ask about an arrest you are out on bail for while the case is pending. Some jobs, such as law enforcement and some health facilities, have their own rules.

California law says a background check company may not report a conviction more than 7 years old, counted from the date the case ended, or you were released or paroled. There are exceptions, including employers that a government regulator explicitly requires to check further back. Federal law has no time limit on convictions, so if an old conviction shows up on a check, ask legal aid.

California has no true “expungement,” but a court can dismiss a conviction under Penal Code 1203.4 once you finish probation. After that, most employers cannot ask about it or use it. You still have to disclose it when you apply for a state license or public office.

Clean Slate: the state Department of Justice reviews records every month and grants automatic relief for many convictions, with no petition. That includes many felonies once 4 years have passed after you finished all supervision without a new felony. Serious felonies, violent felonies and offenses that require sex offender registration are left out, and the program depends on state funding. The courts' own guide shows how to check yours: Clean your record.

Most California licensing boards (the ones under the Business and Professions Code) can deny you for a conviction only if it is substantially related to the work and happened within the last 7 years, or you were released from incarceration for it within 7 years. Serious felonies and some financial crimes are exceptions to the 7-year limit. A board cannot deny you over a dismissed conviction, or once you have a certificate of rehabilitation, a pardon, or a showing of rehabilitation.

City of Los Angeles: employers with 10 or more employees cannot ask about criminal history by any means until after a conditional offer, and must follow the city's Fair Chance Process before pulling an offer. Unincorporated Los Angeles County covers employers with 5 or more employees under its own Fair Chance Ordinance.

San Francisco: employers with 5 or more employees, for jobs of at least 8 hours a week in the city, cannot ask until after a conditional offer. They can never consider some records, including most convictions more than 7 years old and infractions.