California’s Fair Chance Act: Criminal History and Job Offers

Under California’s Fair Chance Act, most employers with five or more employees cannot ask about your criminal conviction history until after they make you a conditional job offer, and even then they cannot withdraw the offer without an individualized assessment, written notice and a chance for you to respond. The law is Gov. Code 12952, often called “ban the box.”

These steps are not technicalities. An employer that pulls an offer over a decade-old conviction without following the process may owe you the wages you lost while looking for another job. For a $22-an-hour full-time position, ten weeks out of work is $8,800, before any other damages.

This guide explains what employers cannot ask, what they can never consider, the individualized assessment, the notice and response process, exceptions, local ordinances in Los Angeles, your remedies, and what to do if an offer was withdrawn.

What employers cannot do before a job offer

Before making a conditional offer of employment, a covered employer generally cannot:

• Include any question on a job application that asks about conviction history (the “box”)
• Ask about your conviction history in an interview or any other way
• Run a criminal background check or otherwise consider conviction history
• Post job ads stating that people with criminal records will not be considered

The law applies to employers with five or more employees, including public employers. Updated regulations from California’s Civil Rights Council, effective October 1, 2023, clarified that “applicant” also covers current employees applying for a new position and certain other situations, such as a change in company ownership.

Key fact

Information employers can never use

Even after an offer, California law bars employers from considering certain records at all. Under Gov. Code 12952 and Labor Code 432.7, these generally include:

• An arrest that did not result in a conviction (with narrow exceptions for pending cases in some jobs)
• Referral to or participation in a diversion program
• Convictions that have been sealed, dismissed, expunged or statutorily eradicated
• Most juvenile court records

Labor Code 432.8 separately limits employers from asking about certain older, minor marijuana convictions. And under a related law, employers generally cannot use information about prior cannabis use from a criminal history; see our guide to cannabis and drug testing at work.

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The individualized assessment

If an employer learns of a conviction after the conditional offer and is considering withdrawing the offer, it must first make an individualized assessment of whether the conviction has a direct and adverse relationship with the specific duties of the job. At a minimum, the law requires the employer to consider:

• The nature and gravity of the offense or conduct
• The time that has passed since the offense and since completion of the sentence
• The nature of the job held or sought

The Civil Rights Council’s regulations add detail, including the specific conduct involved, whether harm was to property or people, and mitigating circumstances such as rehabilitation, education, work history, and conditions like trauma or duress that contributed to the offense. A blanket rule that disqualifies everyone with any conviction is not an individualized assessment.

In practice, the question is whether the conviction really relates to the job. A theft conviction might matter for a cashier handling cash; a single DUI from eight years ago is much harder to connect to an office or warehouse job that involves no driving. The older the conviction and the stronger your record since, the harder it is for an employer to justify withdrawing an offer.

Notice and your right to respond

If the employer makes a preliminary decision to withdraw the offer, it must notify you in writing. The notice must:

• Identify the conviction or convictions that are the basis for the decision
• Include a copy of any conviction history report the employer relied on
• Explain your right to respond before the decision becomes final, and the deadline
• Explain that your response may include evidence challenging the accuracy of the record, or evidence of rehabilitation or mitigating circumstances

You have at least five business days to respond. Under the regulations, that period starts after you receive the notice. If you tell the employer within that time that you dispute the accuracy of the record and are taking specific steps to get evidence, you get five more business days.

The employer must consider what you submit. If it still makes a final decision to withdraw the offer, it must notify you in writing, including any process to challenge the decision or request reconsideration, and your right to file a complaint with the Civil Rights Department.

Stage	What the employer must do	Your rights
Before the offer	No questions or checks about convictions	You don’t have to disclose anything
After the offer	Individualized assessment if a conviction is found	Records like arrests and expunged convictions can’t be considered
Preliminary decision	Written notice with the report and the reasons	At least 5 business days to respond, plus 5 more if disputing accuracy
Final decision	Written notice, including the right to file with the CRD	You can file a FEHA complaint

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Exceptions

The Fair Chance Act does not apply to some positions, including:

• Jobs where a state, federal or local law requires the employer to conduct criminal background checks or restricts employment based on criminal history
• Positions with criminal justice agencies
• Farm labor contractors covered by Labor Code 1685

Even when an exception allows an employer to consider conviction history, the other protections, such as the bar on considering arrests that did not lead to a conviction, may still apply.

By the numbers5 business days

Local rules in Los Angeles and beyond

Some cities and counties add their own requirements on top of state law. The City of Los Angeles has a Fair Chance Initiative for Hiring Ordinance for employers in the city, and Los Angeles County adopted a Fair Chance Ordinance that took effect in 2024 for employers in unincorporated areas of the county. These local laws can add notice, assessment and posting requirements. San Francisco has its own ordinance as well. If you live or work in one of these areas, the local rules may give you additional rights; our Los Angeles employment lawyers can review which rules apply.

Employers that use automated screening tools should also be aware that California’s anti-discrimination regulations now address automated decision systems, effective October 1, 2025. Using software doesn’t excuse skipping the individualized assessment.

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What you can recover

A Fair Chance Act violation is an unlawful employment practice under FEHA. Remedies can include lost wages from the withdrawn offer, emotional distress damages, and attorney’s fees and costs (Gov. Code 12965). Like other FEHA claims, you must file with the Civil Rights Department, generally within three years. See how to file a CRD complaint.

💡 Example: Marisol accepted a full-time job at $22 an hour. A background check showed a misdemeanor from nine years earlier, and the employer emailed her the next day that the offer was withdrawn, with no notice of her right to respond. It took her 10 weeks to find comparable work. Her lost wages: 10 × 40 × $22 = $8,800, before emotional distress damages and attorney’s fees.

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What to do if a job offer was withdrawn

1. Save everything: the job posting, application, offer letter, background check report and every notice.
2. Check the dates. Note when you received the preliminary notice and when your response is due.
3. Respond in writing within the deadline. Include evidence of rehabilitation, such as completion of programs, work history, education, and letters of recommendation.
4. Dispute errors. If the report is wrong or includes sealed or dismissed records, say so and tell the employer what steps you are taking to get proof.
5. Keep the final decision letter.
6. Talk to an employment lawyer before the three-year CRD deadline, and sooner if you can.

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Background check problems are often the tip of the iceberg

A withdrawn offer can involve more than one violation. Criminal history screens can fall harder on applicants of particular races or national origins, and the Civil Rights Council’s regulations address policies that have that kind of adverse impact. Background checks run through a screening company are also governed by state and federal consumer reporting laws, which require a separate written disclosure and your authorization before the report is obtained, and notice before an employer acts on it. Questions about past cannabis use, or a drug test showing only off-duty use, raise separate issues. When we review a Fair Chance Act case, we look at every step of the hiring process, not just the final letter. Our page on workplace discrimination explains how we handle these cases.

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Frequently asked questions

Can an employer ask about my record in the interview?

Generally no. Covered employers cannot ask about conviction history, orally or in writing, until after a conditional offer.

Can an employer consider an arrest that didn’t lead to a conviction?

Generally no. California law bars considering arrests that did not result in a conviction, with narrow exceptions for some pending cases in certain jobs.

How long do I have to respond to a preliminary notice?

At least five business days after you receive it, and five more business days if you notify the employer that you are disputing the record’s accuracy and gathering evidence.

Does the Fair Chance Act apply to current employees?

The updated regulations treat current employees seeking a different position, and some others, as applicants, so the protections can apply in those situations.

What should I include in my response?

Anything showing the conviction doesn’t reflect who you are today or isn’t relevant to the job: proof of completed programs or probation, steady work history, education or training, letters from employers, counselors or community members, and corrections of any errors in the report.

Does the law apply to a small business?

It applies to employers with five or more employees. Some local ordinances have different thresholds.

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