Monday, December 30, 2013

Expungement Law in California Gets Better

California Labor Code section 432.7 has, in the past, made individuals that were arrested but not convicted, or individuals that successfully completed diversion cases, immune in most circumstances from discrimination in employment, promotion, or termination based upon that event. This section did not include expunged cases.

That has now changed. SB 530, already signed into law by Gov. Brown and effective January 1, 2014, amends labor code section 432.7 to include cases that have been "judicially dismissed"- this now includes Expungement. This means that individuals who have been granted or will be granted a California Expungement under California Penal Code section 1203.4 are now included and cannot be discriminated against for employment, hiring, promotion, or termination based upon that expunged case.

Additionally, the law prohibits employers from seeking information regarding that expunged conviction.

Certain exemptions to this law do exist, but they are primarily focused upon individuals seeking employment in law enforcement or other areas where California law prohibits the employment of an individual convicted of certain offenses, or in employment situations where the person is required to carry a firearm as condition of employment.

This is great news for individuals who have already had their records expunged, and also makes a California expungement much more valuable going forward.

The law also provides for damages for employers that violate the section and improperly discriminate against individuals with an expunged case.

Please feel free to give us a call, and we can discuss expungement in your case in detail.

800 495 2819