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California Leading the Way Regarding the Use of Juvenile Criminal Records


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October 18, 2016 Return to News & Events

California Leading the Way Regarding the Use of Juvenile Criminal Records; States CriminalBackgroundRecords.com

In late September 2016 California Governor Jerry Brown signed AB 1843 into law. This new law protects individuals by prohibiting the use of certain juvenile records during a pre-employment background check.

Adam Almeida, President and CEO of CriminalBackgroundRecords.com states: "California generally leads the country in protecting the rights of individuals and with the passage of AB 1843 employers across the country should sit up and take notice. Other states will surely follow California's lead."

AB 1843 updates the labor code in regards to juvenile criminal records.

From SHRM.com, the leading Human Resources industry group (posted Oct. 04, 16):

A.B. 1843 amends the labor code to broaden the types of "off limits" information that employers may not consider by prohibiting employers from inquiring about and considering information concerning or related to "an arrest, detention, process, diversion, supervision, adjudication, or court disposition" that occurred while the applicant or employee was subject to the process and jurisdiction of a juvenile court (juvenile offense history).

The bill also excludes from the labor code's definition of "conviction" an adjudication by a juvenile court or any other court order or action taken with respect to a person who is under the process and jurisdiction of a juvenile court. (1)

Juvenile records have always been a challenge to employers and the new law in California will provide greater structure as to what can and cannot be considered.

Almeida states: "Changes in law such as AB 1843 will have an immediate effect on California employers. It is critical that their policies regarding the use of pre-employment background screening remain in full compliance."

AB 1843 also directly impacts the health care industry.

From the actual text of AB 1843 (leginfo.legislature.ca.gov):

The bill would prohibit an employer at a health facility from inquiring into specific events that occurred while the applicant was subject to juvenile court law, with a certain exception, and from inquiring into information concerning or related to an applicant’s juvenile offense history that has been sealed by the juvenile court. The bill would require an employer at a health facility seeking disclosure of juvenile offense history under that exception to provide the applicant with a list describing offenses for which disclosure is sought. (2)

Ultimately the passing of AB 1843 highlights the need that every business and organization in California and across the nation should work with a third-party background screening company.

From SHRM.com (Oct. 04, 16):

California employers that use or are considering using criminal records to screen applicants or employees should consider reviewing their policies and practices to ensure that “off-limits” information is not being requested or considered. (3)

Almeida states: "Every year the laws governing the use of public records, including criminal background records, change and it is incumbent upon all employers to ensure their pre-employment screening practices are current, up-to-date, and fully compliant. A best practice is to work with a well qualified third-party background screening company."

CriminalBackgroundRecords.com is a third-party background screening company that can provide compliant solutions for all screening requirements. From pre-employment to post-hire screening, as well as volunteer, caregiver and nanny checks, CriminalBackgroundRecords.com provides background screening services across a broad array of industries. From the smallest organization to the largest corporation, CriminalBackgroundRecords.com can fulfill every background screening requirement.

Notes:

  1. shrm.org/resourcesandtools/legal-and-compliance/state-and-local- updates/pages/california-juvenile-records-.aspx
  2. leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB1843
  3. shrm.org/resourcesandtools/legal-and-compliance/state-and-local- updates/pages/california-juvenile-records-.aspx

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