Businesses that subsequently decide not to move forward with an applicant after a criminal history check must provide him or her with its decision in writing. Persons rejected for a job would then have the right to file an appeal with the Department of Fair Employment and Housing, which would investigate further. Having the decision in writing makes it easier to win a labor or employment case where there was a decision that was made in bad faith or against the law.
When the new law goes into effect on January 1, 2018, California will become the tenth state to ban criminal history inquiries for private employers.
These are known as “ban the box” state laws (referring to the “have you ever been convicted of a crime?” checkbox on job applications) and have enjoyed bipartisan support at the state and local level. Last spring, a bipartisan group of Congressional lawmakers went as a far as to propose a nationwide ban.
In just 2016, Louisiana, Missouri, Oklahoma, and Wisconsin have all enacted policies applying to either private or public employers. In total, 26 states and over 150 cities and counties have laws and ordinances limiting employers’ access to criminal history—meaning that over 211 million people (or two-thirds of the U.S population) now live in ban-the-box jurisdictions.
Can an expungement of my DUI help?
An expungement of your DUI may still help you. But since a DUI leaves not only a criminal record but a driving record, certain driving related jobs might be difficult to obtain. An expungement will also not help you with certain federal or state employment opportunities, or with any specialized licenses.
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