Ban the Box in California

Commonly called "Ban the Box" is the Fair Chance Act in California:

The Fair Chance Act, which went into effect on January 1, 2018, is a California law that generally prohibits employers of more than 5 employees from asking about your conviction history before making you a job offer. This type of law is also known as a “Ban the Box” law.

The law generally prohibits employers from:

• Including on a job application any questions about conviction history before a conditional job offer has been made
• Asking about or considering your criminal history before a conditional job offer has been made
• Considering information about arrests not followed by conviction, participation in pretrial or post-trial diversion programs, or convictions that have been sealed, dismissed, expunged, or statutorily eradicated
• After offering you a job, employers are allowed to conduct a criminal history check, but the law requires an individualized assessment about your conviction history. That means that an employer can't take back the job offer without considering the nature and gravity of the criminal history, the time that has passed since the conviction, and the nature of the job you are seeking. If the employer decides to take back the job offer based on your criminal history, they must tell you so in writing, provide a copy of any conviction history report they relied on, and give you at least five business days to respond.

Please note the part about "convictions that have been sealed, dismissed, expunged, or statutorily eradicated". A California expungement under 1203.4 of the Penal Code meets the test- the case Cannot be used against you if expunged. If NOT expunged, you can still be denied the job. 


A very good reason to expunge even a minor criminal offense.

Recreational Marijuana : Prop 64

The voters passed Proposition 64 and recreational use, possession and transportation of certain amounts of marijuana is now mostly legal in California.

The law is extensive and complex, and involves licensing of marijuana "shops" and a taxation protocol; the law is many pages long.

Of particular interest to us, however, is the provisions in Prop 64 that allow for persons convicted of Marijuana offenses that were felonies to petition the court to be re-sentenced as misdemeanors.

Former felonies that can be reduced to misdemeanors are:

11360 H&S Sales of Marijuana
11359 H&S Possession for Sales of Marijuana
11358 H&S Cultivation of Marijuana 

There are certain limitations on the relief, but if you do not have an extensive record the court will grant the reduction.

This law is very new, and we have already filed petitions on behalf of some clients.

Give us a call to discuss your case:  800 495 2819

Proposition 47 Passes- Many Felony cases now Misdemeanors

Penalties for common drug and theft crimes in California will be reduced from potential felonies to misdemeanors, shortening the time some offenders spend behind bars. Crimes covered by the measure include drug possession and the following offenses when less than $950 is involved: shoplifting, check and credit fraud, forgery, theft and possession of stolen property.

Prop 47 adds section 1170.18 to the Penal Code, which makes the reduced sentencing provisions retroactive. Section 1170.18 lays out the procedure for those serving sentences or those who have already served their sentences to petition to have felony convictions reduced to misdemeanors.

Those who have completed their sentence can apply to the trial court to have the felony conviction or convictions designated as a misdemeanor if he or she would have been guilty of a misdemeanor under this act had this act been in effect at the time of the offense.

Petitioners who have completed the sentence and are seeking to have the felony designated as a misdemeanor are entitled to that relief if they meet certain requirements. The court has little discretion in deciding whether the grant or deny the application. The applicant must apply within three years of this law becoming effective; this law was effective  Nov 5, 2014.

Please contact us if you are interested in potentially reducing your case; this will be particularity advantageous to those persons convicted of certain drug possession offenses (such as simple possession of Cocaine) that previously were felonies only.

Record-Clear.com      800 495 2819

How Long Does a California Expungement Take?

What is California Expungement?

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    Record-Clear.com

Expunge California DUI Records - A Video Guide