Can a Criminal Record Continue Affecting Employment Forever? California’s New Proposed Bills Could Change the Conversation

For years, California has moved toward what lawmakers call “fair chance” hiring, creating protections designed to prevent qualified job applicants from being automatically excluded because of their criminal history.

The idea is relatively straightforward: a past conviction should not automatically prevent someone from accessing future employment opportunities, particularly when that conviction has little connection to the job itself.

Now, California lawmakers are considering two new bills, AB 2064 and AB 2095, that could significantly expand those protections and reshape how employers evaluate criminal history during the hiring process.

While neither bill has become law, both are generating significant discussion because of how broadly they could affect hiring decisions, background checks, discrimination claims, and workplace policies throughout California.

For both employees and employers, the larger question becomes:

How much weight should a criminal record carry when someone is seeking employment?

What Protections Already Exist in California?

Before discussing the proposed bills, it is important to understand that California already has some of the strongest fair chance hiring protections in the country.

Under California’s Fair Chance Act, employers with five or more employees generally cannot ask about criminal conviction history before making a conditional job offer. Employers must also follow specific procedures before denying employment based on conviction history. The law was designed to reduce barriers for applicants with criminal records while still allowing employers to consider criminal history when it is genuinely relevant to the position.

AB 2064 and AB 2095 would build upon that existing framework rather than replace it.

What Is AB 2064?

AB 2064 may be one of the most significant criminal-history employment bills California has considered in recent years.

The bill would add “criminal history” as a protected characteristic under California’s Fair Employment and Housing Act (FEHA), placing it alongside other protected categories such as race, religion, disability, sex, and national origin. 

In practical terms, this would represent a major shift in how criminal history is treated under California employment law.

Instead of focusing primarily on when employers can consider criminal records, the conversation would increasingly center on whether criminal history is being used in a discriminatory manner.

Supporters argue that individuals with criminal records often face long-term employment barriers that extend well beyond the completion of their sentences. They believe employment decisions should focus more heavily on qualifications, rehabilitation, and job-related factors rather than allowing criminal history to function as a permanent obstacle to employment. 

What Is AB 2095?

AB 2095 takes a different approach.

Rather than creating a new protected classification, the bill would expand and strengthen California’s existing Fair Chance Act hiring requirements. Some of the proposed changes include:

• Restricting employers from requesting consent for criminal background checks too early in the hiring process
• Requiring employers to identify job duties that may have a direct relationship to specific convictions before initiating certain background check procedures
• Limiting self-disclosure requirements involving criminal history
• Expanding documentation and justification requirements before adverse hiring decisions can be made
• Preventing applicants from being required to pay for conviction-history background checks in certain situations 

Supporters argue these changes would create more transparency and reduce situations where applicants are screened out before employers fully evaluate their qualifications.

Why Are These Bills Receiving So Much Attention?

The debate surrounding these bills extends beyond hiring procedures.

At its core, the discussion involves competing ideas about rehabilitation, public safety, discrimination, and economic opportunity.

Supporters argue that many individuals continue facing employment barriers years after completing sentences, even when their criminal history has little connection to the position they are applying for. They believe employment access is one of the most important factors in reducing recidivism and supporting long-term stability. Critics, however, argue that employers still need flexibility to evaluate risk, protect workplaces, and make hiring decisions they believe are appropriate for their businesses. That tension is what makes these bills particularly significant.

How Could AB 2064 Affect Employees?

If enacted, AB 2064 could potentially create stronger protections for individuals whose criminal history is being considered during employment decisions.Employees and applicants may gain additional legal arguments when challenging hiring decisions they believe improperly relied on criminal records.

The bill would not prevent employers from considering criminal history entirely. However, it could increase scrutiny regarding how criminal history is used and whether employers can justify employment decisions based on job-related concerns rather than broad assumptions. For many workers, the legislation represents an effort to prevent criminal records from functioning as an indefinite barrier to employment opportunities.

How Could AB 2095 Affect Employees?

AB 2095 focuses more heavily on process and transparency.

Applicants could potentially receive:

• Earlier clarity regarding job duties that may relate to criminal-history considerations
• Greater transparency surrounding background check procedures
• More structured individualized assessments
• Additional opportunities to respond before adverse hiring decisions occur 

Supporters argue that many applicants never fully understand why they were rejected after background checks. The bill seeks to make that process more structured and more transparent.

How Could These Bills Affect Employers?

Employers would likely face additional compliance obligations if either bill becomes law.

For AB 2064, businesses may need to reassess how criminal history factors into employment decisions and ensure those decisions can be justified under expanded discrimination protections. 

For AB 2095, employers may need to revise hiring procedures, update background-check processes, create additional documentation practices, and strengthen individualized assessment procedures. 

For many employers, the focus would shift from simply complying with timing requirements to demonstrating clear, job-related reasoning for criminal-history decisions.

The Bigger Question Behind These Bills

Both AB 2064 and AB 2095 reflect a larger shift occurring in employment law.

Historically, the conversation centered on whether employers should have access to criminal-history information.Today, lawmakers are increasingly focused on how that information is used once it becomes available. Should a conviction from years ago automatically outweigh an applicant’s qualifications? How closely should a conviction relate to actual job duties before it can justify denial of employment?When does workplace safety become a legitimate concern, and when does criminal-history screening become an unnecessary barrier?

Those are the questions California lawmakers are increasingly trying to address. 

Why California Employees Should Pay Attention

Even though these bills remain pending, they signal where employment law conversations may be heading.

California has often served as a testing ground for workplace protections, and legislation involving hiring practices, background checks, and discrimination frequently influences broader employment trends.

For employees, understanding these developments can help provide context regarding hiring rights, workplace protections, and how criminal history may be evaluated in future employment decisions.

How Fraigun Law Group Helps Employees Understand Their Rights

Employment law continues evolving as lawmakers respond to changing workplace practices and broader conversations about fairness, discrimination, and opportunity.

At Fraigun Law Group, the focus is on helping employees understand their rights under California law, including issues involving discrimination, retaliation, wrongful termination, workplace policies, and hiring practices. As legislation like AB 2064 and AB 2095 continues moving through the California legislature, staying informed about your rights can become increasingly important.

Contact Fraigun Law Group

If you believe you have experienced workplace discrimination, retaliation, or another employment-related issue, Fraigun Law Group can help you better understand your legal options. California employment laws continue changing, and understanding those changes today may help protect your rights tomorrow.