Most employers can no longer ask about convictions

A new law means a criminal conviction may not be the hindrance to finding a job it once was — but it has some local business leaders worried.

On Monday, Assembly Bill 1008 went into effect, after being signed into law by Gov. Jerry Brown in October. Under the new law, privatesector businesses in California with five or more employees are no longer allowed to ask applicants if they have been convicted of a crime until a conditional job offer has been made.

Known as the “Ban the Box” law, the bill does allow employers to conduct background checks after making a conditional job offer. However, they must examine whether applicant’s conviction history could negatively impact their ability to do the job before denying employment.

The applicant would also have five business days to gather evidence disputing the accuracy of their conviction history. The employer would then be required to consider the information before submitting their final decision in writing.

The new law does not apply to jobs with state or local agencies that are already required to investigate conviction histories, jobs with criminal justice agencies or farm labor contractors, or jobs where any employer is legally obligated to restrict employment based on criminal history.

But the bill has sparked concerns from those who worry that it may put small business owners at risk.

Pat Patrick, president and CEO of the Lodi Chamber of Commerce, argued that small business owners could potentially hire someone convicted of embezzlement who may be tempted to reoffend. Employers

“As an independent business owner, I think it’s an awful idea. I believe in giving people second chances. I think second chances are awesome — but I also believe in full disclosure.” DALE IMMEKUS, A FINANCIAL ADVISER AND MEMBER OF THE LODI CHAMBER OF COMMERCE

might not have the time or resources to conduct background checks themselves, he added.

“A small business owner is the manager, marketing director and (public relations) person. They do it all, getting there early and closing out at night, so they might not have the time to do a background check. I’m all for giving people second chances, but I wouldn’t want to lead someone to temptation,” Patrick said.

Dale Immekus, a financial adviser with Dedicated Financial Services in Lodi and a member of the Chamber of Commerce, shared some of Patrick’s concerns about transparency, although he works in a field where annual background checks are already required by law.

“As an independent business owner, I think it’s an awful idea,” Immekus said. “I believe in giving people second chances. I think second chances are awesome — but I also believe in full disclosure. I work in the securities industry where everyone has to get fingerprinted and go through the (Department of Justice). If I was a retail grocer or clothier, I’d think it was unfair not to require full disclosure.”

Immekus explained that a standard Live Scan background check is a rather efficient process, as a person’s fingerprints and conviction history are already in the DOJ’s database, although the results have to be transmitted in a secure fashion due to the information’s confidential nature.

Applicants could receive the results as early as the next business day, depending on how quickly the employer makes their decision, he said.

“I don’t think it costs more than $100, give or take, to get fingerprinted and run a background check. I don’t think that resources are that big of an issue. I think most employers are able to afford that,” Immekus said. “If an employer can’t afford $100 for a background check, they probably shouldn’t hire someone in the first place.”

Amanda Owens is area manager for GEO Reentry Services in Northern California, which operates the Day Reporting Center in Shasta County. Working with Shasta County Probation, the center provides support for job placement, among other services.

“This will be able to help the individual in our program have an opportunity to be able to interview and have the confidence that employment is available to them,” Owens said.

The Day Reporting Center in Redding currently averages an 80 percent employment placement rate, Owens said.

Jonathan Anderson, executive director of the Good News Rescue Mission in Redding, said he sees the new law from both sides.

As an employer, he worries about the potential for bureaucratic snags. But the mission works with people who have criminal records through its addiction recovery program. It encourages participants to tell their story, unvarnished, when interviewing for a job.

Overall, Anderson believes the law is a step in the right direction, calling it “less discriminatory.”

“I think we need that,” he said. “People are imperfect and we all make mistakes.”