Fair Chance Hiring in California: What You Need to Know About the Ban the Box Law

California is one of several states that have implemented “Ban the Box” laws—rules that limit when and how an employer can ask about a job applicant’s criminal history. Under California’s Fair Chance Act, most employers are prohibited from asking about convictions on job applications or during the initial stages of the hiring process.

This law is critical for helping qualified applicants with prior convictions get a fair shot at employment. If you’re applying for a job in California and have a criminal record—or if you’re an employer trying to stay compliant—here’s what you need to know.

What Is the Fair Chance Act?

The California Fair Chance Act (Government Code § 12952) went into effect in 2018 and applies to both public and private employers with five or more employees.

It prohibits employers from:

• Asking about criminal history on job applications.

• Inquiring into criminal records before making a conditional job offer.

• Using criminal history to automatically disqualify candidates without a proper evaluation.

The goal is to prevent early-stage bias and ensure applicants are assessed based on their qualifications before their background is considered.

Who Does the Fair Chance Act Apply To?

This law applies to:

• Private employers with 5 or more employees.

• State and local agencies, including government contractors.

• Applicants for jobs, whether full-time, part-time, temporary, or seasonal.

It does not apply to:

• Jobs that require background checks by law (e.g., childcare, law enforcement).

• Positions at criminal justice agencies.

• Jobs that legally prohibit individuals with certain convictions from being hired.

What Employers Can and Can’t Do

❌ Before a Conditional Offer:

• Employers cannot ask about criminal convictions.

• No background checks are allowed.

• No application questions or informal inquiries about arrests, charges, or convictions.

✅ After a Conditional Offer:

• Employers can run a background check.

• If they find a conviction, they must perform an individualized assessment before making a final decision.

This assessment must consider:

1. The nature and gravity of the offense.

2. The time that has passed since the offense.

3. Whether the offense is relevant to the job duties.

What If the Employer Wants to Withdraw the Offer?

If the employer decides to rescind the job offer, they must:

1. Notify you in writing.

2. Provide a copy of the background check or conviction report.

3. Give you at least 5 business days to respond or submit evidence (e.g., rehabilitation, explanation, inaccuracies in the report).

After that, the employer must review your response before making a final decision. If they still choose to deny employment, they must send another written notice explaining:

• The final decision.

• Your right to file a complaint with the California Civil Rights Department (CRD).

Your Rights as a Job Applicant in California

If you’re applying for a job and have a criminal record, you have these rights:

• You don’t have to disclose your conviction on the initial application.

• You can’t be denied a job automatically because of your record.

• You have the right to explain your background before a final hiring decision is made.

• You can file a complaint if your rights under the Fair Chance Act are violated.

Common Employer Mistakes (and What to Watch For)

Some employers—intentionally or not—violate the Fair Chance Act. Here are red flags to look out for:

• Criminal history questions on the initial job application.

• Employers discussing your record before making a job offer.

• No written notice if your offer is rescinded based on your background.

• No opportunity to explain your situation before rejection.

If you notice any of these, you may be able to file a complaint with the California Civil Rights Department.

Filing a Complaint

You can file a complaint online with the California Civil Rights Department (CRD) within three years of the incident.

Visit: https://calcivilrights.ca.gov

You may also consult with an employment attorney if you believe the employer’s actions were discriminatory or unlawful.

For Employers: How to Stay Compliant

If you’re an employer, compliance with the Fair Chance Act isn’t optional. To protect your company from liability:

• Remove any criminal history questions from job applications.

• Train your HR team on individualized assessments and notice requirements.

• Document the process when considering conviction history.

• Use background checks responsibly, and follow legal procedures when rejecting a candidate based on their record.

Failing to comply could lead to civil penalties, lawsuits, or even enforcement actions by the state.

Final Thoughts

The Fair Chance Act embodies California’s commitment to giving people with past convictions a real opportunity to rebuild their lives. For job seekers, this means a level playing field. For employers, it means rethinking how talent is evaluated.

If you’re unsure whether your rights were violated or want to take legal action, speaking to a qualified California employment attorney can help you better understand your options and hold employers accountable.