Today's Law As Amended

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AB-2647 Evidence: criminal history information.(2017-2018)

As Amends the Law Today


 Section 1162 is added to the Evidence Code, to read:

 The criminal history of an employee or a former employee is inadmissible as evidence against an employer, an employer’s agents, or an employer’s other employees in a civil action that is based on the conduct of the employee or former employee in the following circumstances.
(a) The criminal history does not bear a direct relationship to the facts underlying the civil action.
(b) Before the occurrence of the acts giving rise to the civil action, any of the following occurred with respect to a criminal conviction against the employee or former employee:
(1) A court order sealed the record of the criminal conviction.
(2) The criminal conviction was reversed or vacated.
(3) The employee or former employee was pardoned of the criminal conviction.
(4) The criminal conviction was dismissed or expunged pursuant to Section 1203.4 of the Penal Code.
(c) The criminal history consists of an arrest or charge that did not result in a criminal conviction.