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California Expungement Law Gets Better In 2014

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California Expungement Law Gets Better In 2014

Author : Doug Allen, ESQ

Submitted : 2013-12-31 01:59:07    Word Count : 499    Popularity:   Not Rated

Tags:   California Expungement Law, CA Expunge

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California Labor Code section 432.7 has, in the past, made individuals that were arrested but not convicted, or individuals that successfully completed diversion cases, immune in most circumstances from discrimination in employment, promotion, or termination based upon that event. This section did not include expunged cases.

That has now changed. SB 530 already, signed into law by Gov. Brown and effective January 1, 2014, amends labor code section 432.7 to include cases that have been "judicially dismissed". This means that individuals who have been granted or will be granted a California expungement under California Penal Code section 1203.4 are now included and cannot be discriminated against for employment, hiring, promotion, or termination based upon that expunged case.

Additionally, the law prohibits employers from seeking information regarding that expunged conviction.

Certain exemptions to this law do exist, but they are primarily focused upon individuals seeking employment in law enforcement or other areas where California law prohibits the employment of an individual convicted of certain offenses, or in employment situations where the person is required to carry a firearm as condition of employment.

This is great news for individuals who have already had their records expunged, and also makes a California expungement much more valuable going forward.

The law also provides for damages for employers that violate the section and improperly discriminate against individuals with an expunged case.

Senate Bill No. 530 CHAPTER 721

An act to amend Section 432.7 of the Labor Code, and to add Section 4852.22 to the Penal Code, relating to criminal offenders.

[ Approved by Governor October 10, 2013. Filed with Secretary of State October 10, 2013. ]

LEGISLATIVE COUNSEL'S DIGEST

SB 530, Wright. Criminal offenders: rehabilitation. Existing law prohibits an employer, whether a public agency or private individual or corporation, from asking an applicant for employment to disclose, or from utilizing as a factor in determining any condition of employment, information concerning an arrest or detention that did not result in a conviction, or information concerning a referral or participation in, any pretrial or post trial diversion program, except as specified. Existing law makes it a crime to intentionally violate these provisions. This bill would additionally prohibit an employer, as specified, from asking an applicant to disclose, or from utilizing as a factor in determining any condition of employment, information concerning a conviction that has been judicially dismissed or ordered sealed, as provided, unless the employer is required by law to obtain that information, the applicant would be required to possess or use a firearm in the course of his or her employment, an individual who has been convicted of a crime is prohibited by law from holding the position sought by the applicant, regardless of whether that conviction has been expunged, judicially ordered sealed, statutorily eradicated, or judicially dismissed following probation, or if the employer is prohibited by law from hiring an applicant who has been convicted of a crime. Because this bill would expand the definition of a crime, it would impose a state-mandated local program.

Author's Resource Box

Doug Allen is the Founder and Lead Attorney of Record Clear. He has practiced law in California for the past 23 years, and has extensive courtroom and trial experience and has personally litigated more than 2000 expungement cases all over the state of California.
800 495 4895 for a Free Consultation.

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