The deck provides a handy reminder to California employers.

1. www.hrgazette.com Mary E. Wright, Editor
The California Employer
Employee Arrest Records
California Labor Code §432.7
Your personal shopper for HR news!

2. There are 2 Kinds of Arrests.
• Arrests that lead to a • Arrests that do not lead
conviction. to a conviction.
www.hrgazette.com Mary E. Wright, Editor

3. Employer May Not Ask an Applicant:
• About an arrest not • An arrest leading to:
leading to a conviction. – referral to or
“Have you ever been arrested?” – participation in:
• a pre-trial diversion
program, or
• a post-trial diversion
California Labor Code §432.7
program.
“Have you ever participated
in a diversion program?”
www.hrgazette.com Mary E. Wright, Editor

4. A “Conviction” is:
• Plea Bargain • Finding of guilt
• Verdict of Judge or Jury regardless sentence.
www.hrgazette.com Mary E. Wright, Editor

5. A “Diversion Program” is:
Program may include: A form of sentencing:
1. Education to prevent future • Run by a police department,
offenses court, a district attorney's office,
2. Restitution to victims or outside agency.
3. Community service hours
4. Avoiding situations or people that • To enable offenders to
could lead to commission of avoid criminal charges or record.
further offenses
www.hrgazette.com Mary E. Wright, Editor

6. Employer May Not:
Use evidence of a – Hiring
convictionless arrest to set – Promotion
terms or conditions of – Termination
employment: – Training
– Wages
This is true regardless of the source
for the information; i.e., voluntary
disclosure, Google search, local news.
www.hrgazette.com Mary E. Wright, Editor

7. Employer May:
Ask an employee or applicant for employment:
About an arrest for which
the employee or applicant is out on bail
or on his or her own recognizance pending trial.
www.hrgazette.com Mary E. Wright, Editor

8. www.hrgazette.com Mary E. Wright, Editor
Of course, nothing in California is that easy.
There are all sorts of factual twists that can
change the way this material applies in
your particular situation – and the law
changes all the time.
Send questions or comments to:
Mary Wright, Editor, HR Gazette
Your personal shopper for HR news!

9. www.hrgazette.com Mary E. Wright, Editor
Ubiquitous Disclaimer
HR Gazette does not provide legal advice.
The content of this slide deck is for
informational purposes only. Before using
this information – or any information you
get over the Internet – consult your lawyer.
Nothing takes the place of advice from a
lawyer who knows you and your business,
and who understands the laws of the state
in which your business is located.
Your personal shopper for HR news!