San Diego County has passed a Fair Chance Hiring Ordinance, which applies to employers in the unincorporated areas of the county. Pursuant to the ordinance, employers with five or more employees are prohibited from doing the following:
- Declaring in a job posting, or posting for a transfer or promotion, any limitation due to an applicant’s conviction or arrest record;
- Including on any job application, prior to a conditional offer of employment, any question that seeks the disclosure of an applicant’s criminal history;
- Inquiring into, asking about, or considering an applicant’s criminal history prior to a conditional offer of employment;
- Inquiring into, considering, distributing, or disseminating information about an applicant’s arrest records (not resulting in conviction), diversion programs, or any conviction that has been sealed, dismissed, expunged, or statutorily eradicated, or for which the candidate has received a full pardon or has been issued a certificate of rehabilitation.
The ordinance is effective October 10, 2024.
