For many Californians, having a criminal record can make finding a job feel overwhelming. A single mistake — even one from years ago — can follow you into interviews, applications, and background checks. Fortunately, California law provides important protections for job seekers with prior convictions.
California’s “Ban the Box” law, formally known as the Fair Chance Act, was created to give qualified applicants a fair opportunity to compete for jobs before employers consider criminal history. If you have a record and are applying for work in California, understanding your rights under this law is critical.
This guide explains how the law works, who it protects, what employers can and cannot do, and what steps you can take if your rights are violated.
What Is California’s Ban the Box Law?
California’s Ban the Box law prohibits most employers from asking about a job applicant’s criminal conviction history before making a conditional offer of employment.
In simple terms, employers must first evaluate you based on your qualifications — your experience, skills, and education — before considering your criminal history.
The law applies to both public and private employers with five or more employees in California. It is designed to prevent automatic disqualification based solely on a conviction and to promote fair hiring practices.
Why the Law Exists
Historically, many job applications included a checkbox asking whether the applicant had ever been convicted of a crime. Checking that box often led to immediate rejection — sometimes without any consideration of the applicant’s qualifications.
Ban the Box laws were introduced to:
Reduce employment barriers for people with criminal records
Promote rehabilitation and reintegration
Decrease repeat offenses by increasing access to stable employment
Encourage employers to evaluate applicants individually rather than automatically rejecting them
Employment is one of the most important factors in reducing recidivism. The law recognizes that people deserve the opportunity to move forward.
When Can an Employer Ask About Criminal History?
This is one of the most common questions people search online.
Before a Conditional Offer
Employers cannot:
Ask about conviction history on the job application
Ask about convictions during interviews
Conduct a background check
Consider criminal history in hiring decisions
This applies to any stage before a conditional offer of employment has been made.
After a Conditional Offer
Once an employer makes a conditional offer of employment, they may:
Conduct a background check
Ask about conviction history
Consider criminal convictions in evaluating employment
A conditional offer means the employer has decided to hire you pending review of certain conditions — such as background checks, drug tests, or reference verification.
What Employers Are Not Allowed to Consider
Even after a conditional offer is made, California law limits what employers can consider.
Employers generally may not consider:
Arrests that did not result in a conviction
Participation in diversion programs
Juvenile records
Convictions that have been sealed, dismissed, expunged, or legally eradicated
Certain minor marijuana offenses that are no longer criminal
This is extremely important. Many people are surprised to learn that employers are not allowed to consider certain types of records at all.
If a background report includes inaccurate or prohibited information, you have the right to challenge it.
The Individualized Assessment Requirement
An employer cannot simply say, “We don’t hire people with felony convictions.”
If an employer intends to deny employment based on a conviction after a conditional offer, they must perform an individualized assessment. This means they must consider:
The nature and seriousness of the offense
The amount of time that has passed since the offense or completion of the sentence
The nature of the job being sought
The conviction must have a direct and adverse relationship to the specific job duties. A decades-old offense unrelated to the job may not legally justify denial.
This requirement prevents blanket policies and forces employers to evaluate each applicant fairly.
Notice Requirements if an Offer Is Rescinded
If an employer decides to withdraw a conditional job offer because of your criminal history, they must:
Provide written notice of the preliminary decision
Identify the conviction(s) that are the basis for the decision
Provide a copy of the background check report (if one was used)
Give you at least five business days to respond
You have the right to:
Challenge inaccuracies in the background report
Provide evidence of rehabilitation
Submit character references
Provide proof of completed education, training, or treatment programs
The employer must consider your response before making a final decision.
If they fail to follow this process, they may be violating California law.
Jobs That May Be Exempt
Ban the Box does not apply to every job.
Some positions are exempt, including:
Jobs where a criminal background check is required by state or federal law
Certain healthcare, childcare, and elder care positions
Law enforcement or criminal justice agency jobs
Positions requiring specific state licensing
If a law requires a background check or prohibits hiring individuals with certain convictions, the employer may legally consider those convictions.
However, many standard jobs in retail, hospitality, construction, office work, and other industries are covered by Ban the Box protections.
Common Misconceptions
“Ban the Box means employers can’t run background checks.”
False. Employers can run background checks — but only after making a conditional offer.
“If I have a felony, I can’t get hired.”
Not necessarily. Many employers legally hire individuals with felony convictions, especially if the offense is unrelated to the job and sufficient time has passed.
“Expunged convictions still count.”
Generally, expunged or dismissed convictions should not be considered under California law.
“An employer can deny me for any conviction.”
Only if the conviction is directly related to the job and the employer follows the required individualized assessment and notice procedures.
What You Should Do Before Applying for Jobs
If you have a criminal record, preparation matters.
1. Obtain a Copy of Your Record
Review your criminal history so you know what may appear on a background check.
2. Explore Expungement or Record Clearing
Many California convictions qualify for expungement or dismissal. Clearing your record can significantly improve employment opportunities.
3. Prepare a Rehabilitation Statement
If asked after a conditional offer, be ready to explain:
What happened
What you learned
How you’ve changed
Why you are qualified for the position
Honesty and accountability often make a strong impression.
What If an Employer Violates the Law?
If an employer:
Asked about your record before a conditional offer
Had a blanket “no felons” policy
Failed to conduct an individualized assessment
Did not provide written notice before rescinding the offer
Relied on prohibited records
You may have legal options.
Violations can potentially lead to administrative complaints or legal claims for discrimination.
Taking action not only protects your rights but may prevent the employer from violating the rights of others.
Why Legal Guidance Matters
Employment laws intersect with criminal law in complex ways. The type of conviction, its age, the job duties, licensing rules, and record-clearing eligibility all matter.
An experienced criminal defense attorney can:
Review your record
Determine whether your rights were violated
Help pursue expungement or record relief
Advocate on your behalf if an employer acted unlawfully
If your employment opportunity was denied because of your criminal record, you do not have to navigate this alone.
Protect Your Future With Southwest Legal
At Southwest Legal, we understand how frustrating it is to feel like your past is holding you back from building your future. Everyone deserves a fair opportunity to work, provide for their family, and move forward. If you want to explore clearing your record to improve your job prospects — our legal team is here to help. Contact us today for a free, confidential consultation. Let us help you protect your rights, clear your record when possible, and fight for the second chance you deserve. Your past does not have to define your future.
