Code Section

Labor Code - LAB


  ( Division 2 enacted by Stats. 1937, Ch. 90. )

PART 1. COMPENSATION [200 - 452]

  ( Part 1 enacted by Stats. 1937, Ch. 90. )

CHAPTER 3. Privileges and Perquisites [350 - 452]

  ( Chapter 3 enacted by Stats. 1937, Ch. 90. )

ARTICLE 3. Contracts and Applications for Employment [430 - 435]
  ( Article 3 enacted by Stats. 1937, Ch. 90. )


(a) A state or local agency shall not ask an applicant for employment to disclose, orally or in writing, information concerning the conviction history of the applicant, including any inquiry about conviction history on any employment application, until the agency has determined the applicant meets the minimum employment qualifications, as stated in any notice issued for the position.

(b) This section shall not apply to a position for which a state or local agency is otherwise required by law to conduct a conviction history background check, to any position within a criminal justice agency, as that term is defined in Section 13101 of the Penal Code, or to any individual working on a temporary or permanent basis for a criminal justice agency on a contract basis or on loan from another governmental entity.

(c) This section shall not be construed to prevent a state or local agency from conducting a conviction history background check after complying with all of the provisions of subdivision (a).

(d) As used in this section, “state agency” means any state office, officer, department, division, bureau, board, commission, or agency.

(e) As used in this section, “local agency” means any county, city, city and county, including a charter city or county, or any special district.

(f) Section 433 does not apply to this section.

(g) This section shall become operative on July 1, 2014.

(Added by Stats. 2013, Ch. 699, Sec. 2. Effective January 1, 2014. Section operative July 1, 2014, by its own provisions.)