Starting July 1, 2017, employers in California with five or more employees will be prohibited from considering criminal histories when making employment decisions. This ruling comes as part of a new set of regulations set forth by the California Department of Fair Employment and Housing (DFEH)—regulations that also prohibit employment discrimination based on race, religion, sex, gender and a variety of other factors.

According to, unless specifically permitted by law, California-based employers can no longer consider the following types of criminal histories or seek information on the following from employees/applicants: arrests/detentions without convictions, judicially-dismissed or sealed convictions, non-felony marijuana convictions more than two years old, and arrests or detentions in juvenile court law.

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