New California law protects people by prohibiting the use of certain juvenile criminal records during the pre-employment screening process. Governor Jerry Brown signed AB 1843 into law in September 2016. It is typical that California is the State leading the way in protecting the rights of individuals as they have been in the past. With 1843 passed more states across the country will take notice and perhaps follow California’s lead.
The new law amends the labor code broadening the types of criminal background records that employers can see. In this case it is prohibiting employers from inquiring and considering the use of juvenile criminal records in the hiring process. When the jurisdiction was a juvenile court and the criminal records apart of the juvenile offense history then those records are considered off limits to employers and they may not use those records as part of their hiring decision process.
AB 1843 updates the labor code in regards to the use of juvenile criminal records in the hiring process.
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. shrm.org/resourcesandtools/legal-and-compliance/state-and-local-updates/pages/california-juvenile-records-.aspx
As new laws such as 1843 are passed across the country it is clear that employers need to take note of such changes and make any necessary changes to their employment screening practices in order to stay compliant with an ever changing legal landscape. As California has taken the lead on making it easier for individuals with a juvenile criminal past to get a job by prohibiting employers from using this information, it is in step with a national movement to clear the slate for adult past offenders and open the door for those with a criminal past to achieve gainful employment and be successfully integrated into a productive and crime free society.
To read more about this subject read recent press release.