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As of October 1, 2023, California has implemented regulations concerning applicants’ and employees’ criminal background checks. According to the changes, employers must perform a more comprehensive analysis when conducting background checks. 

Introduced Factors

The process also introduced more evaluation factors for employers to consider before making an adverse employment decision. Employers must now include the following in their evaluation:

• “The nature and gravity of the offense or conduct; consideration of this factor may include but is not limited to: 
  • The specific personal conduct of the applicant that resulted in the conviction; 
  • Whether the harm was to property or people; 
  • The degree of the harm (e.g., amount of loss in theft); 
  • The permanence of the harm; 
  • The context in which the offense occurred; 
  • Whether a disability, including but not limited to a past drug addiction or mental impairment, contributed to the offense or conduct, and if so, whether the likelihood of harm arising from similar conduct could be sufficiently mitigated or eliminated by a reasonable accommodation, or whether the disability has been mitigated or eliminated by treatment or otherwise;
  • Whether trauma, domestic or dating violence, sexual assault, stalking, human trafficking, duress, or other similar factors contributed to the offense or conduct; and/or 
  • The age of the applicant when the conduct occurred.
• The time that has passed since the offense or conduct and/or completion of the sentence; consideration of this factor may include but is not limited to:
  • The amount of time that has passed since the conduct underlying the conviction, which may significantly predate the conviction itself; and/or 
  • When the conviction led to incarceration, the amount of time that has passed since the applicant’s release from incarceration;
• The nature of the job held or sought. Consideration of this factor may include but is not limited to: 
  • The specific duties of the job; 
  • Whether the context in which the conviction occurred is likely to arise in the workplace; and/or 
  • Whether the type or degree of harm that resulted from the conviction is likely to occur in the workplace.”

Further Changes

This law also changed the definition to “employer.” According to the changes, joint employers now qualify under California’s Fair Chance Act. These entities include businesses evaluating applicants’ criminal history for employers or as the employer’s agent. Other affected entities include staffing agencies and those that select, obtain, or provide workers from a pool or availability list. As such, California’s Fair Chance Act will apply to more businesses. 

These are not the only changes to California’s updated background check regulations. For example, employers must not advertise that they will not consider someone with a criminal background. This ban includes general advertisements, postings on job boards, or applications.

Furthermore, employers cannot consider an applicant’s criminal history before making a conditional job offer. This ban applies even when applicants voluntarily offer information. Violating the Act may end in severe penalties.

Such penalties include back pay, front pay, promotion, hiring or reinstatement, out-of-pocket expenses, and training. Failing to comply with the California Fair Chance Act and other employment laws can be very costly. The best way to comply with this and other employment laws is to partner with an experienced background check company.

Keep your business compliant with new laws and regulations with JDP’s reliable background checks. Contact a sales rep today.

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The California Senate recently passed Senate Bill 58, which would decriminalize certain psychedelics. However, it is still waiting for the Assembly for approval despite the Assembly Appropriations Committee passing it.

Should the Assembly pass Senate Bill 58, it will return to the Senate before reaching the floor. This step is because it adopted technical amendments that the Senate must review. The Senate would review the struck provisions concerning the transfer of substances. 

They would also consider the modifications that decriminalize therapeutic use. This change will require extra time because it concerns other amendments that delay decriminalizing personal use. In addition, the Senate would examine the reduced allowance for personal possession and other changes.

The Amendments

Introduced by Senator Scott Wiener, Senate Bill 58 would “make lawful the possession, preparation, obtaining, transfer, as specified, or transportation of, specified quantities of psilocybin, psilocyn, dimethyltryptamine (DMT), ibogaine, and mescaline, for personal use, as defined, by and with persons 21 years of age or older. The bill would provide penalties for possession of these substances on school grounds, or possession by, or transferring to, persons under 21 years of age.” The law would also remove the ban on drug paraphernalia for the substances that would receive legalization.

These amendments happened before the Assembly committee amended Senate Bill 58. This decision delayed the implementation of provisions that would legalize the facilitated communal use of psychedelics. During the delay, the California Health and Human Services Agency must “convene a workgroup to study and make recommendations on [establishing] a framework governing the therapeutic use, including facilitated or supported use, of those substances. The bill would require that workgroup to send a report to the Legislature containing those recommendations on or before January 1, 2025.”

The law focuses on psychedelics derived from fungi or plants. It does not legalize synthetic psychedelics, such as MDMA or LSD. Furthermore, Senate Bill 58 will not legalize peyote. This decision is due to concerns that legalizing it could lead to over-harvesting the ceremonially used cacti. The bill details how much of the to-be-legalized substances people may possess.

If Senate Bill 58 passes the Senate and Assembly, it will go to the Governor. It remains uncertain whether the Governor intends to sign it as he has not stated his intentions. Employers should prepare if the bill becomes law by reviewing their workplace and hiring policies. Working with a background screening company can help determine how the bill would affect them. In addition, the right provider can advise employers on what background-checking policies to implement while providing accurate and timely reports.

Keep your business compliant with new laws and regulations with JDP’s reliable background checks. Contact a sales rep today

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California’s Department of Justice (CA DOJ) recently announced new data concerning Assembly Bill 1076 (AB 1076), which the governor signed in 2019. The data indicates that the state has successfully expunged over 11 million arrest and conviction records. 

According to the CA DOJ, the automatic expungements occurred between July 1st, 2022, and December 31st, 2022. However, the reform that allowed these expungements did not give individuals the right to have their records expunged. Instead, it automated the expungement process for records already deemed eligible for expungement.

Before this reform, many found the expungement process lengthy and complicated. However, AB 1076 has mandated the CA DOJ to expunge old arrests that did not result in charges automatically. The bill also includes individuals with qualifying low-level offenses on their records that did not result in a prison sentence. They must have completed their entire sentence or diversion program.

In addition to AB 1076, lawmakers passed SB 731 in 2022. This bill considerably increased the number of offenses eligible for expungement. However, sexual offenses will not qualify for sealing. Additionally, “Arrest relief does not relieve a person of the obligation to disclose an arrest in response to a direct question contained in a questionnaire or application for employment as a peace officer, as defined in Section 830.”

Furthermore, “Relief granted pursuant to this section has no effect on the ability of a criminal justice agency, as defined in Section 851.92, to access and use records that are granted relief to the same extent that would have been permitted for a criminal justice agency had relief not been granted.”

Still, this law has helped many California residents improve their employment and housing opportunities. Though millions of individuals had eligible records for expungement, they could not afford it until the laws took effect. As such, many people earned less money and had fewer educational opportunities that might allow them to improve their situation. However, this has changed since the laws passed, allowing these people to enjoy more opportunities.

California employers must ensure that their employment policies comply with these laws. It has become more critical than ever for employers to ensure they perform background checks that comply with local, state, and federal laws governing the employment screening process. The best way to do this is to partner with a trusted screening provider experienced in maintaining compliance with applicable laws and regulations.

Easily verify your employment qualifications when you switch to pre-employment background checks. Talk to a sales representative today.

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