14Oct

California Passes Law That Increases Benefits of an Expungement

Governor Jerry Brown signed into law a bill that increases the benefits of a California expungement. With the passage of Senate Bill 530, employers are now prohibited from asking an applicant to disclose information regarding a conviction that has been judicially dismissed (expunged).

Senate Bill 530 expands California Labor Code section 432.7, which previously prohibited an employer from asking an applicant for employment to disclose information concerning an arrest that did not result in a conviction, to also prohibit an employer from asking an applicant to disclose information concerning a conviction that has been expunged or sealed pursuant to Sections 1203.4, 1203.4a, 1203.45, and 1210.1 of the Penal Code.

Under the new law, employers are also prohibited from seeking from any source any record concerning a conviction that has been expunged or sealed or from using an expunged or sealed conviction as a factor in determining any condition of employment, including hiring, promotion, or termination.

EXPUNGEMENT WILL HELP MORE PEOPLE FIND EMPLOYMENT

SB 530 does provide a few exceptions to these general prohibitions. An employer is still permitted to ask an applicant to disclose an expunged conviction and to use an expunged conviction as a factor to determine employment in the following instances: (1) the employer is required by law to obtain that information; (2) the applicant would be required to possess or use a firearm in the course of his or her employment; (3) an individual who has been convicted of a crime is prohibited by law from holding the position, regardless of whether that conviction has been expunged or sealed; or (4) if the employer is prohibited by law from hiring an applicant who has been convicted of a crime.

The passage of SB 530 is a huge step towards offering former offenders in California the opportunity for a second chance by enhancing their ability to secure gainful employment and move forward with their lives.