California Fair Chance Act: What Job Seekers With Records Should Know

A criminal record does not give every California employer unlimited freedom to reject an applicant. The California Fair Chance Act generally restricts when employers with five or more employees can ask about conviction history and requires a process before many conditional job offers can be withdrawn because of criminal history.

This law is important, but it does not guarantee a job and it has exceptions. Use it as a rights framework, not a promise of a particular hiring result.

Before a conditional job offer

California's Civil Rights Department says covered employers generally cannot ask about conviction history before making a conditional offer of employment.

That means job seekers should be cautious when an application or interviewer asks for prohibited criminal-history information too early in the hiring process.

After a conditional offer

After a conditional offer, an employer may conduct a lawful criminal-history check.

If the employer is considering taking back the offer because of conviction history, the Fair Chance Act generally requires an individualized assessment rather than a blanket "no felons" policy.

The employer must consider factors such as the nature and gravity of the conduct, the time that has passed, and the nature of the job.

You may have an opportunity to respond

The California Civil Rights Department explains that before a covered employer finally rescinds an offer based on criminal history, the applicant must receive notice and an opportunity to respond.

That response may include:

• evidence that the record is inaccurate;
• evidence of rehabilitation;
• information about mitigating circumstances;
• employment history;
• education or training;
• letters of support; or
• other relevant information.

Prepare before you apply

Do not wait for a background-check issue to assemble your documents.

Create a folder with:

• résumé;
• certifications;
• training records;
• reference letters;
• volunteer history;
• evidence of rehabilitation when relevant; and
• copies of court or record-relief documents you already possess.

Watch for warning signs

Potential problems can include:

• a job advertisement saying no one with any conviction will be considered;
• criminal-history questions before a conditional offer when the employer is covered;
• no opportunity to respond before an offer is rescinded; or
• a decision based on information that is legally restricted from consideration.

Because exceptions and individual facts matter, consult the California Civil Rights Department Fair Chance Act resources for current guidance.

Sacramento employment resources

Use 2-1-1 Sacramento's reentry employment page to identify local employment programs, and review our Sacramento Jobs and Training Programs for People With Records.

Job-search checklist

• Build a clean résumé.
• Use a professional email address.
• Apply broadly.
• Keep a list of applications.
• Learn when criminal-history questions are permitted.
• Prepare rehabilitation evidence before you need it.
• Save copies of hiring notices.
• Ask for qualified help if you believe a covered employer violated the law.

Sign up for the Reentry Brief for additional California reentry and employment guidance.

If you value this free work, support The Reentry Village on Buy Me a Coffee if and when it makes sense for you.

Sources

• California Civil Rights Department — Fair Chance Act
• CRD — Know Your Rights
• CRD — Fair Chance Act Forms Guide
• 2-1-1 Sacramento — Reentry Employment Programs

Last reviewed: August 11, 2026

Disclaimer: General legal information only, not legal advice. Fair Chance Act coverage and exceptions depend on the employer, position and facts. Use current California Civil Rights Department guidance or consult a qualified attorney for an individual case.