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Potential California Law May Affect Use of Criminal History Information

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March 25, 2019 Return to News & Events

Potential California Law May Affect Use of Criminal History Information

A potential new law in California will automatically expunge or clear a variety of conviction records thereby allowing hundreds of thousands of individuals to be cleared of a criminal history and, subsequently, open the doors wider to renting, education, and employment. Adam Almeida, President and CEO of opines: “A significant action, such as the one in California, should immediately alert all hiring managers and Human Resource Departments to insure pre-employment background screening policies remain fully compliant with law by working with a well-qualified third-party background screening agency.”

Politicians in California look to introduce legislation that would automatically expunge or clear past criminal misdemeanor or low felony convictions as a means of easing entrance back into society. Adam Almeida, President and CEO of states: “Eliminating certain non-violent convictions will remove a criminal history and could allow for easier access to employment, education, and renting for formerly incarcerated individuals.”

AB1078 would allow for the automatic expungement of many misdemeanors and certain non-violent felonies and, subsequently, ease reintroduction to society for those with this type of conviction.

From the San Francisco Chronicle website (Mar 07, 19):

People arrested or convicted of crimes in California could have their criminal records automatically cleared under a proposed law announced Thursday by San Francisco District Attorney George Gascón and Assemblyman Phil Ting. AB1076 would wipe out eligible convictions for people who have completed local sentences and eliminate many arrest records that have not resulted in convictions. Offenders already are eligible to petition the courts for the relief, but less then {sic} 20 percent take advantage of the program… (1)
Almeida adds: “A criminal history remains a significant challenge that prohibits or greatly impedes reintegration to society. Across the country a movement called “Ban-the-Box pushes to legislate the question of criminal history off applications. The action in California may be the next evolution in criminal justice reform.”

From (Mar 07, 19):

According to the district attorney's office, there are 8 million residents in California with criminal conviction records that in turn come with 40,000 legal restrictions— collateral consequences, that hinder them from starting over.(2)
The key to starting over is access to housing, employment, and education. AB1078 will not allow expungement of violent or sex related convictions.

From the San Francisco Chronicle website (Mar 07, 19):

Under AB1076, arrests and convictions will continue to appear on criminal rap sheets, and felons would still be prohibited from possessing firearms. Registered sex offenders and sentences served in state prison would not be eligible for automatic clearance. (3)
“Clearly,” Almeida states, “hiring managers and HR departments should be alerted by significant action such as AB1078. A best practice should be to work with a well-qualified third-party employment screening agency in order to remain fully compliant with existing laws governing background screening and the use of criminal background records.” is a third-party employment 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, provides background screening services across a broad array of industries. From the smallest organization to the largest corporation, can fulfill every background screening requirement.



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