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Assembly Bill 218

Governor Brown has signed Assembly Bill 218 (AB 218).  AB 218 adds Section 432.9 to the California Labor Code.  The new law will become operative on July 1, 2014.

Section 432.9 prohibits any state or local agency from asking an applicant for employment to disclose (orally or in writing) any information concerning the conviction history of the applicant, including on any employment application.  The agency may not ask for information concerning the applicant’s conviction history until the agency determines that the applicant meets the minimum employment qualifications set forth in the notice for the position for which the applicant has applied.

School district staff should note that exempted from the disclosure prohibition set forth in Section 432.9 are: 1) positions for which the agency (district) is required by law to conduct a conviction history background check; and 2) any position with a criminal justice agency.

Please contact Kingsley Bogard with any questions, particularly if in doubt as to which positions require a criminal background check.

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