When people apply for a job, there is typically a section that asks applicants about their criminal history, that is their adult criminal history. While employers usually do not ask about one’s juvenile record, sometimes employers will inquire which could impact an individual's chance at getting hired.
Effective January 1, 2017, employers in California face new restrictions when it comes to inquiring into and the use of juvenile criminal information, The National Law Review reports. California Labor Code § 432.7 has been amended under Assembly bill (A.B.) No. 1843, which hereby prohibits employers from inquiring, seeking, or using a California applicant/employee’s juvenile criminal history in the employment context. AB 1843 prohibits:
- Asking an applicant to disclose, either in writing or verbally, information concerning or related to an arrest, detention, processing, diversion, supervision, adjudication, or court disposition that occurred while the individual was subject to the process and jurisdiction of juvenile courts/ law.
- Seeking from any source whatsoever, or using, as a factor in determining any condition of employment (e.g., hiring, promotion, termination, decisions related to a training program, etc.), any record concerning or related to an arrest, detention, processing, diversion, supervision, adjudication, or court disposition that occurred while the individual was subject to the process and jurisdiction of juvenile courts/law.
If you live in California and are interested in sealing your juvenile criminal record, please contact the Law Offices of Katie Walsh. While some juvenile crimes, such as murder, arson, robbery, assault with a deadly weapon, certain gun charges, carjacking are generally unable to be sealed, we can help you determine if you qualify and petition the court to have your record sealed. It is a decision that can help you later in life.