San Francisco recently amended its Fair Chance Ordinance (FCO) to expand protections for applicants and employees with certain out-of-state criminal records. The Board of Supervisors passed the amendments on July 7, 2026, and Mayor Daniel Lurie signed them on July 10, 2026. The amendments take effect on August 10, 2026.
Background
The FCO applies to employers with five or more employees located or doing business in San Francisco. Like the California Fair Chance Act—the criminal history provision within the broader Fair Employment and Housing Act (FEHA)—the FCO bars covered employers from asking about arrest or conviction records before a conditional offer of employment and from considering certain records, including arrests that did not result in a conviction. However, the FCO goes further than the state law by extending criminal history protections to current employees, not just applicants.
The FCO also requires covered employers to state in job postings that they will consider qualified applicants with criminal records, conspicuously post the official FCO Notice at each workplace, and give individuals an opportunity to present mitigating evidence before any adverse action based on conviction history.
The amendments
Effective August 10, 2026, the FCO will prohibit employers from using out-of-state criminal convictions or unresolved arrests as a basis for adverse employment decisions where the underlying conduct is lawful in California and relates to the following...
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