Labor Code section 432.7 prohibits most California employers from asking applicants about, or relying on, convictions that have been judicially dismissed or sealed to make hiring decisions. Section 432.7 also contains a list of exemptions for employers that are required by law to run background checks or restrict hiring based on criminal history. A recent case clarifies that employers falling within one of those section 432.7 exemptions are still subject to the general rule unless a specific law permits the employer to consider the criminal history.
On September 22, 2026, the Court of Appeal (Second District, Division Eight) published its decision in A.S. v. Los Angeles Unified School District, affirming summary judgment against the school district. While the school district is legally obligated to fingerprint applicants and to bar employment of people with certain convictions from working around children, the Court ruled against the school district because it used expunged misdemeanors to reject two applicants without specific statutory authority to do so.
Two applicants sought jobs with the Los Angeles Unified School District (the District), one as a part-time after-school program worker and the other as a legal secretary in the general counsel’s office. The District ran background checks for both applicants. Each had a single misdemeanor conviction, one for battery and one for grand theft, and each had obtained a dismissal under Penal Code section 1203.4, the...
Millions of Aussies will be cheering Ben Roberts-Smith after seeing his publicity campaign. But we must leave all these matters to a criminal court to decide – this time beyond reasonable doubt.