Are there any local laws that affect criminal background checks?

California has a statewide “ban-the-box” law that prohibits employers with five or more employees from inquiring about or considering the criminal history of job applicants until a conditional offer of employment has been made. The state "ban-the-box" law also imposes requirements when employers use criminal history to revoke a conditional offer of employment. Other state and federal laws also limit employers in terms of the information that can be obtained and how it can be used.

In addition, two California cities — Los Angeles and San Francisco — have ordinances that further limit the use of criminal background checks. Like the state “ban-the-box” law, these ordinances prohibit employers from asking about criminal history on job applications, limit when and how criminal history information can be obtained and used, and impose notice and posting requirements. The requirements of these local ordinances differ in some respects from the state "ban-the-box" law. Employers subject to a local ordinances must comply with both the local ordinance and the state law.

If you are using or considering the use of criminal background checks, consult with legal counsel to ensure you are complying with all applicable state, federal and local laws.

For more information, visit San Francisco Fair Chance Ordinance and Los Angeles Fair Chance Initiative.