Fair Chance/California
California Fair Chance Hiring 2026
When criminal history can enter the hiring process, what must happen before a conviction-based no, and who enforces it. Every figure below is checked against the statute and agency guidance.
Conditional Offer Comes First
California's Fair Chance Act covers employers with 5 or more employees and bars asking about or considering an applicant's conviction history until after a conditional offer of employment.
| The law | Fair Chance Act (Government Code 12952); 2 CCR 11017.1 (Civil Rights Council regulations) |
|---|---|
| Who is covered | Employers with 5 or more employees. |
| When criminal history can enter | No asking about or considering an applicant's conviction history until after a conditional offer of employment (Gov. Code 12952). If an applicant volunteers criminal-history information before the offer, the employer still may not consider it (2 CCR 11017.1(a)(6)). |
| Assessment before a no | A post-offer individualized assessment that weighs the nature and gravity of the offense, the time that has passed since the offense and completion of the sentence, and the nature of the job held or sought (Gov. Code 12952). If the employer makes a preliminary decision to rescind the offer, a reassessment step requires it to consider the applicant's response and any rehabilitation evidence before a final decision. That step is codified in regulation, at 2 CCR 11017.1(c)(3), not in the statute. |
| The response window | At least 5 business days from receipt of the preliminary rescission notice, plus at least 5 additional business days if the applicant tells the employer they dispute the conviction report's accuracy and are obtaining evidence (Gov. Code 12952; 2 CCR 11017.1(c)(2)(E) and (F)). Under the regulation, an emailed notice is deemed received two business days after it is sent. |
| Required notices | A preliminary rescission notice before any final decision, then a final notice that must state the final denial, any procedure the employer offers to challenge the decision or request reconsideration, and the right to file a complaint with the Civil Rights Department (2 CCR 11017.1(c)(4)). |
| Enforcement and penalties | A rejected applicant's route is a complaint to the California Civil Rights Department; the required final notice must identify that right. |
| Key exemptions | Read narrowly. The regulation's required-by-law exemption applies only when the employer itself (or its agent) is required by law to run the check; a law requiring another entity, such as an occupational licensing board, to run one does not exempt the employer (2 CCR 11017.1(a)(5)). |
What the 2023 regulations added
Since October 1, 2023, the regulations bar job ads, postings, and applications from stating that people with criminal history will not be considered, naming "No Felons" and "Must Have Clean Record" as examples (2 CCR 11017.1(a)(2)).
Rehabilitation or mitigation evidence is optional and voluntary, and an employer may never require it. The regulation lists five prohibited employer actions, including refusing evidence an applicant volunteers, requiring specific document types, requiring disclosure of survivor status, and requiring medical records or disability disclosure (2 CCR 11017.1(c)(2)(D)).
Bright-line policies that rely on conviction information seven or more years old carry a rebuttable presumption that they are not sufficiently tailored (2 CCR 11017.1(f)(4)(C)).
The California record
January 1, 2018
The Fair Chance Act takes effect statewide (Gov. Code 12952).
October 1, 2023
Amended regulations take effect (2 CCR 11017.1), including the ban on "No Felons" job-ad language.
The federal floor: FCRA paperwork in every state
Whenever an employer in any state obtains a background check through a consumer reporting agency, the federal Fair Credit Reporting Act sets the baseline procedure. State fair-chance laws layer on top of it, never instead of it.
Before the check. A standalone written disclosure that a consumer report may be obtained for employment purposes, and the applicant's written authorization (15 U.S.C. 1681b(b)).
Before any adverse action based on the report. A copy of the report plus the summary of rights, "A Summary of Your Rights Under the Fair Credit Reporting Act." The current edition is the CFPB's September 2018 version, published on the CFPB model forms and disclosures page; superseded FTC-branded copies still circulate.
With the adverse-action notice. The consumer reporting agency's name, address, and toll-free phone number; a statement that the agency did not make the decision and cannot explain it; and disclosure of the rights to a free report within 60 days and to dispute the report's accuracy (15 U.S.C. 1681m(a)).
Questions employers ask
What are California's background check laws for employers in 2026?
Two layers. The Fair Chance Act (Gov. Code 12952) covers employers with 5 or more employees and bars asking about or considering an applicant's conviction history until after a conditional offer of employment, with a documented individualized assessment and a notice-and-response process before any rescission. On top of that, the federal FCRA requires a standalone disclosure and written authorization before any background check run through a consumer reporting agency.
When can a California employer ask about criminal history?
Only after a conditional offer of employment. If an applicant volunteers criminal-history information before the offer, the employer still may not consider it.
How long does a California applicant have to respond before an offer is withdrawn?
At least 5 business days from receipt of the preliminary rescission notice, plus at least 5 additional business days if the applicant tells the employer they dispute the conviction report's accuracy and are obtaining evidence.
Can a California job ad say "no felons" or "clean record required"?
No. Since October 1, 2023, the regulations bar job ads, postings, and applications from stating that people with criminal history will not be considered, naming "No Felons" and "Must Have Clean Record" as examples.
Where does California's reassessment requirement come from?
From the regulation, not the statute. The step requiring an employer to consider the applicant's response and any rehabilitation evidence before a final decision is codified at 2 CCR 11017.1(c)(3); Gov. Code 12952 itself only says the employer shall consider the information. Cite the regulation for the reassessment.
Can a California employer require proof of rehabilitation?
No. Rehabilitation or mitigation evidence is optional and may only be voluntarily provided by the applicant or by another party at the applicant's request. The regulation prohibits refusing voluntarily offered evidence, requiring any such evidence, requiring specific document types, requiring survivor-status disclosure, and requiring medical records or disability disclosure.
Sources and caveats
Caveat: The amended regulation text is published as a PDF, the Final Text of Modifications to Employment Regulations Regarding Criminal History, on the Civil Rights Council rulemaking-actions page linked above (filed with the Secretary of State July 24, 2023, effective October 1, 2023); download it there to verify. Figures were verified against that document and Gov. Code 12952 on September 7, 2026.
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