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April 2023: California Seeks to Ban Criminal Background Checks for Most Private Sector Employers

05 Apr

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Update Applicable to:
All private-sector employers in the state of California.

What happened?
On February 17, 2023, two state senators introduced Senate Bill 809 (SB 809) to replace one of California’s primary laws with the “Fair Chance Act of 2023.”

What are the details?
Existing California law regulates inquiries into and using criminal history information in hiring and personnel decisions. Existing California law also substantially impedes the ability of employers (and background check companies) to obtain such information from public records. However, the existing restrictions pale compared to those proposed earlier this year. 

Below are hyperlinks to one of our most trusted sources, Littler, which explains in detail what are the proposed changes:

Section 1

Section 2

Sections 3 and 4

SB 809 is currently pending review by the Senate Judiciary Committee.

For more information, please see the links below:

Senate Bill 809 (SB 809)

Article 1Article 2

What do employers need to do?
Employers should be on the lookout for any more news regarding this bill. Vensure will continue to provide more updates once more information has been received.

Need help understanding how changes to employment laws will affect your business?

Learn more about how Vensure's California PEO services can help you navigate complex employment laws and keep your business compliant.


This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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