No. Beginning January 1, 2018 California employers with five or more employees cannot:
This type of law is commonly referred to as a “ban-the-box” law, as it eliminates the frequently used criminal history check box found on many employment applications. There are exceptions for specific positions when the criminal background check is required by law.
Once you have made a conditional offer of employment, you may seek criminal history information if you follow specific process and notice requirements.
Review your job application forms, policies and practices and remove any criminal history “check box” or inquiries about conviction history. If you have a multi-state operation, be careful not to rely on applications from other states because they likely do not comply with California law. Never ask for criminal history information — or seek the information from any other source — before a conditional offer of employment.
You can find more information in the
Restrictions on Obtaining Criminal History section in the HR Library.