California state law already imposes significant obligations on private-sector employers regarding job applicants with a criminal record. Various local laws layer on top of these obligations to make compliance even more complicated. Effective Oct. 10, the latest local ordinance took effect in the unincorporated areas of San Diego County. The good news for employers is that this ordinance does not go nearly as far as the new ordinance that applies to the unincorporated areas of Los Angeles County. In fact, employers that comply with California state law will mostly satisfy their obligations under the San Diego County ordinance. Still, as these local laws continue to proliferate in California and nationwide, it is a good time for employers to review their criminal record screening policies.

Coverage and Definitions

The ordinance regulates any “employer” with five or more employees that is doing business in the unincorporated areas of San Diego County. “Employer” includes any entity that evaluates an applicant’s or employee’s criminal history on behalf of an employer or acts as an agent of an employer. “Applicant” means any individual applying for employment, transfer, or promotion whose employment position involves performing at least two hours of work on average each week within the unincorporated areas of the county. “Employee” means an individual whose employment position involves performing at least two hours of work on average each week within the unincorporated areas...

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