Under existing law, Section 432.7 of the Labor Code, also known as the “Ban the Box” statute, prohibits an employer from asking an applicant to disclose certain information about arrest history or conviction history, or from using such information to make an employment decision. Specifically, Section 432.7 protects (1) information concerning an arrest or detention that did not result in a conviction, (2) information concerning a referral or participation in, any pretrial or posttrial diversion program, or (3) information concerning a conviction that has been judicially dismissed or ordered sealed, except in specified circumstances. However, Section 432.7 also creates an exception for applicants for employment as peace officers in sworn positions, persons already employed as peace officers, and persons seeking employment with the Department of Justice and other criminal justice agencies. These applicants and employees are not covered by the law, and employers may seek disclosure of arrest history and conviction history for them.
AB 1480 creates an additional narrow exception to Section 432.7 of the Labor Code by permitting employers to seek disclosure of a limited scope of information for certain nonsworn employees of a criminal justice agency. For the exception to apply, the employee’s specific duties must relate to one of the following:
- The collection or analysis of evidence or property;
- The apprehension, prosecution, adjudication, incarceration, or correction of criminal offenders; or,
- The collection, storage, dissemination, or usage of criminal offender record information.
Where this new exception applies, disclosure and use of conviction and arrest history is limited to convictions and arrests for violent felonies, serious felonies, and crimes involving dishonesty or obstruction of legal processes, such as theft, embezzlement, fraud, forgery, perjury, and bribery.
AB 1480 also makes a corresponding change to Section 13203 of the Penal Code, which currently allows a criminal justice agency to release up to five years of arrest and detention history information about a peace officer or an applicant for a peace officer position. AB 1480 amends this to permit the release of information relating to nonsworn employees of a criminal justice agency, or applicants for nonsworn positions in a criminal justice agency.
(AB 1480 amends Section 432.7 of the Labor Code and Section 13203 of the Penal Code.)
