Name that Section - Frequently Used Education Code and Title 5 Sections for Community College Districts

 The number of offenses for which the individual was convicted;

 Older age at the time of conviction, or release from prison;

 Evidence that the individual performed the same type of work, post- conviction, with the same or a different employer, with no known incidents of criminal conduct;  The length and consistency of employment history before and after the offense or conduct;

 Rehabilitation efforts, e.g., education/training;

 Employment or character references and any other information regarding fitness for the particular position; and  Whether the individual is bonded under a federal, state, or local bonding program.

If the individual does not respond to the employer’s attempt to gather additional information about his or her background, the employer may make its employment decision without the information. 298

6. L ABOR C ODE § 432.7 R ESTRICTS THE U SE OF C RIMINAL R ECORDS California law restricts access to and use of information about job applicants’ criminal histories. Labor Code section 432.7 establishes two distinct classes of criminal records: those that an employer may not use and those that it may use.

Section 432.7 prohibits employers from asking applicants or current employees to provide, and from refusing to hire or promote them, on the basis of any of the following information:

 An arrest or detention that did not result in conviction. A conviction is a guilty or nolo contendere (no contest) plea, criminal conviction, or other finding of guilt. A conviction does not require a criminal sentence or other punishment.

 Referral to and participation in any pretrial or post-trial diversion program.

There are numerous forms of diversion programs provided under the Penal Code, Vehicle Code and elsewhere. Labor Code section 432.7 also prohibits law enforcement agencies from providing either of the above types of information to prospective employers. An intentional violation of section 432.7 is a misdemeanor. Unsuccessful job applicants or current employees denied promotions, assignments or other benefits based on such information may sue for damages and attorney’s fees. They may also obtain treble damages if they prove that the employer intentionally obtained or used the prohibited information.

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2018 (c) Liebert Cassidy Whitmore 97