Looking for work with a record: your rights in California

This page is general information, not legal advice. It covers job applications with private and public employers in California.

Can an employer ask about my record?

Not at first. Under California's Fair Chance Act, employers with 5 or more employees may not ask about your conviction history on a job application, and may not look into it or consider it, until after they make you a conditional job offer (Government Code 12952). This law has been in effect since January 1, 2018, and is also called "Ban the Box" (Civil Rights Department).

A conditional offer means the employer has chosen you, as long as the background check comes back fine.

Exceptions. The rule does not apply to some jobs, such as (Government Code 12952):

• Jobs where a government agency must check conviction history by law
• Jobs with a criminal justice agency
• Farm labor contractor jobs
• Jobs where another law requires a background check or limits hiring based on criminal history

What can an employer never use?

Some records are off limits at every stage, before or after an offer. An employer may not ask about or use:

• An arrest that did not lead to a conviction (Labor Code 432.7). There is an exception if you are out on bail or your own recognizance while a case is pending.
• A diversion program, before or after trial (Labor Code 432.7).
• A conviction that was dismissed, sealed or expunged, for example under Penal Code 1203.4 (Labor Code 432.7; Government Code 12952).
• Juvenile court matters (Labor Code 432.7).
• A conviction covered by a full pardon or a certificate of rehabilitation (Government Code 12952).
• Certain old marijuana convictions (Labor Code 432.8).

Some health facilities and law enforcement jobs have narrow exceptions to these rules (Labor Code 432.7).

What happens after the offer?

After a conditional offer, the employer may run a background check. If it wants to turn you down because of a conviction, it must follow steps (Government Code 12952).

Step 1: an individual look at you. The employer must decide whether the conviction has a direct and adverse relationship to the job's duties. It must consider:

• How serious the offense was
• How much time has passed since the offense and since you finished your sentence
• What the job actually involves

Step 2: a written preliminary decision. If the employer leans toward saying no, it must tell you in writing. The notice must name the conviction, include a copy of the background report if one was used, and explain your right to respond and the deadline.

Step 3: your answer. You get at least 5 business days to respond. If you say the report is wrong and you are taking steps to get proof, you get 5 more business days. The employer must consider what you send before deciding.

Step 4: a written final decision. If the answer is still no, the employer must tell you in writing, explain any way to challenge it, and tell you that you can file a complaint with the Civil Rights Department.

What if they want to take back the offer?

Answer. Many people do not, and lose a chance they could have won. Your response can include:

• Mistakes in the report. A case that was dismissed, a record that is not yours, a charge listed as a conviction.
• Rehabilitation. Certificates from programs, classes, school, treatment, steady work, volunteer work.
• Time. How long ago it was, and what your life has looked like since.
• Letters. From employers, teachers, case managers, community leaders, or a probation officer.
• The job. Why the conviction has nothing to do with the work.

Keep it short and calm. Send it before the deadline in a way you can prove. Keep a copy.

How do I file a complaint?

If an employer broke these rules, file with the Civil Rights Department. Call 800-884-1684 or use the complaint process page. For job cases, CRD says to file within three years of the harm (Civil Rights Department).

For the Labor Code 432.7 rules, you can also sue for damages. The law sets a minimum of $200, or $500 for an intentional violation, plus costs and attorney fees (Labor Code 432.7).

What about jobs in San Francisco?

San Francisco has its own Fair Chance Ordinance. It covers employers with 5 or more employees, for jobs of at least 8 hours a week in the city. It never allows employers to consider infractions, convictions more than 7 years old (unless the job supervises minors or dependent adults), or convictions for conduct that is no longer a crime, like noncommercial cannabis use (City of San Francisco). Questions: 415-554-5192 or fco@sfgov.org.

Business and law firm reports say San Francisco amended the ordinance, with higher penalties, starting August 10, 2026 (CalChamber, Morgan Lewis). The city's Fair Chance Ordinance page did not list this change as of October 21, 2026. If it matters for your case, ask the city at 415-554-5192 or fco@sfgov.org.

Does my immigration status change these rights?

No. These job rules apply to everyone. But a record can affect an immigration case in ways that have nothing to do with jobs. Before you apply for any immigration benefit or travel, read How a criminal record affects immigration status and talk to an immigration lawyer.

What mistakes should I avoid?

• Volunteering your record before an offer when the employer is covered. You do not have to bring it up.
• Lying if you are asked after an offer. That can end the offer on its own. Be honest and short.
• Ignoring a preliminary decision letter. The 5 business days go fast.
• Not checking your own record. Old cases may show up wrong.
• Assuming a cleared record is gone for immigration. It often is not.

Who can help?

These are free public offices and nonprofit clinics. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Civil Rights Department: Fair Chance Act complaints. 800-884-1684. Fair Chance Act
• Legal Aid at Work, Workers' Rights Clinic: free and confidential for people within its income limits or age 60 and over. East Palo Alto line: (415) 404-9093. Clinic details
• San Francisco Office of Labor Standards Enforcement: Fair Chance Ordinance, 415-554-5192. Fair Chance Ordinance
• Record clearing help: see Clearing your record in California and Free help with a work problem in the Bay Area.

Your past is part of your story, not the end of it. The law gives you a fair look. Use it.

Questions people ask

Can they ask about my record in the interview? Not before a conditional offer, if the employer has 5 or more employees and the job is not an exception.

The background check shows a case that was dismissed. Point that out in your response. Dismissed and sealed convictions cannot be used by most employers.

Is a staffing agency covered? The Fair Chance Act covers employers with 5 or more employees. Ask the Civil Rights Department if you are not sure who counts as your employer.

Can a small business with 3 workers ask? The state Fair Chance Act does not cover employers with fewer than 5 employees. Labor Code 432.7 still limits use of arrests, diversion and cleared convictions.

Is there an outline I can print?