California employers already operate within one of the most structured fair chance hiring frameworks in the country. For years, the focus has been on timing. Employers wait until after a conditional offer, evaluate conviction history, and follow a defined process before making a final decision.
Two bills moving through the legislature suggest that the next phase will look different. Assembly Bill 2095 and Assembly Bill 2064 approach the same issue from different angles, but together they point in the same direction. The question is no longer only when employers may consider criminal history; it’s how they justify doing so.
That shift has practical consequences for how hiring decisions are made, documented, and defended.
California’s Fair Chance Act establishes a familiar structure for employers:
An individualized assessment requires the employer to evaluate the nature of the offense, the time that has passed, and how the conduct relates to the duties of the job. The goal is to determine whether the conviction has a direct and adverse relationship to the position.
In practice, most compliance programs focus on sequencing and notice. Employers build workflows that ensure background checks occur at...
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