Governor Signs Bill Prohibiting Use of Juvenile Criminal History Information

Governor Edmund G. Brown Jr. this week signed AB 1843 which prohibits employers from inquiring into an applicant’s juvenile convictions or using such convictions as a factor in determining any condition of employment.

The bill prohibits employers from inquiring into any “adjudication” made by the juvenile court, including crimes listed under Welfare and Institutions Code Section 707(b) (e.g., murder, arson, rape, kidnapping, discharge of a firearm). “Adjudication” is a final determination by a court as to whether the juvenile committed the crime of which he or she is accused.

For health care facilities, AB 1843 allows employers to request the applicant to disclose a juvenile adjudication for a felony or misdemeanor for a sexual offense or drug possession that was rendered within the prior five years. However, as with other employers, that applicant would not have to disclose any juvenile adjudications for arson, murder, kidnapping, assault with a firearm, discharge of a firearm and numerous other serious felony offenses.

The California Chamber of Commerce opposed the bill.

CalChamber members can learn more about current rules on Obtaining a Criminal History from the HR Library. Not a member? See how CalChamber can help you.

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