The short answer
California’s Fair Chance Act generally limits when covered employers can ask about or consider an applicant’s criminal history and requires an individualized process before withdrawing a conditional offer because of that history. The law generally applies to employers with five or more employees, but exceptions exist for certain positions and circumstances.
If you receive a notice that an employer is considering withdrawing your offer, read it promptly, review the report and follow the stated response instructions. You can raise an error and provide relevant information for the employer to consider. The California Civil Rights Department (CRD) explains the law and its exceptions.
This article concerns California employment and criminal history; it does not describe every type of background check or determine whether a particular job is covered.
When can a California employer ask about criminal history?
The Fair Chance Act generally prohibits covered employers from asking about or considering an applicant’s conviction history before a conditional job offer. After a conditional offer, an employer may conduct a criminal-history check, subject to applicable restrictions and procedures. This does not mean every job must include a criminal check or that the timing rule governs every other screening component.
The CRD’s FAQ describes covered employers and exceptions, including certain positions where another law requires a background check or restricts employment based on criminal history. Local rules may provide additional protections. If you are unsure whether an exception applies, ask CRD or seek advice about the job and circumstances.
What happens if an employer is concerned about a record?
For a covered decision, the employer must make an individualized assessment. CRD describes factors including the nature and gravity of the conduct, time passed and the nature of the job. A conviction does not automatically mean the employer can withdraw the offer without following the required process.
If the employer makes a preliminary decision to withdraw the offer based on criminal history, CRD says the applicant must receive written notice and a chance to respond before the final decision. The CRD rights guide explains the process and the opportunity to provide evidence challenging the report or addressing mitigation and rehabilitation.
What should you do after receiving a preliminary notice?
- Read the notice and deadline. The CRD FAQ describes at least five business days to respond in the applicable process. Additional time may apply in some circumstances; check the notice and current CRD guidance.
- Review the report. Identify the specific entry the employer is considering and whether names, dates and case disposition are accurate.
- Correct an inaccurate report. Contact the reporting company using its dispute process and tell the employer you are challenging the information. See how to dispute background-check errors.
- Consider relevant context. If you choose, provide information about rehabilitation or mitigating circumstances to the employer as the notice permits. Send only what is relevant and use a verified channel.
- Keep copies. Save the notice, report, response and confirmation of delivery. Ask CRD or a qualified adviser if you need help understanding the process.
A dispute about an inaccurate report and the employer’s decision about accurate history are different questions. Raising a dispute does not guarantee a particular hiring outcome.
Can employers consider dismissed or sealed records?
CRD says California law generally limits consideration of certain matters, including arrests not followed by conviction and convictions that have been sealed, dismissed, expunged or otherwise legally eradicated, subject to applicable exceptions. The exact legal status and job matter. A dismissal is not automatically the same thing as sealing or expungement; check your court record and our dismissed-charges guide.
If the report’s disposition is wrong, obtain the relevant official record if available and ask the screening company how to submit it securely. Do not assume an old report has already been corrected.
Where can you get help?
The California Civil Rights Department’s Fair Chance Act page provides guidance and a complaint route. For federal rules concerning reports from background reporting companies, see the FTC’s applicant guidance. State and federal processes may both be relevant, depending on the facts.
Frequently asked questions
Does California ban all employment background checks before an offer?
No. The Fair Chance Act addresses criminal-history inquiries and consideration by covered employers, with exceptions. It does not mean every type of pre-offer screening is prohibited.
Does a criminal record automatically disqualify me?
Not automatically. For covered decisions, the Act requires an individualized assessment and the applicable notice and response process. Other laws or exceptions can affect a specific role.
Is a background report the same as a court record?
No. A screening report may summarize information gathered from records; the official court record can contain additional details or a different disposition. Compare the actual entries before deciding what needs correction.
Your next step
If you received a notice, check the deadline, review the report and identify whether you need to dispute an error or provide context. Use the CRD’s guidance to understand whether the Fair Chance Act applies to your situation.