Section 432.9 Of Article 3. Contracts And Applications For Employment From California Labor Code >> Division 2. >> Part 1. >> Chapter 3. >> Article 3.
432.9
. (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.