California Labor Code 432.7: Prohibited Questions, Exceptions, and Remedies

California Labor Code section 432.7 bars every employer in the state, public or private, from asking about or using three kinds of criminal history: arrests or detentions that never led to a conviction, participation in any pretrial or posttrial diversion program, and convictions that a court has dismissed or sealed. The protection runs through the entire employment relationship, from the job application to decisions about promotion, training, and termination.

What the Statute Forbids

The prohibition has two parts, and both matter. An employer cannot ask you, on an application or in an interview, to disclose protected criminal history. An employer also cannot seek that information from any other source or use it as a factor in any employment decision. Finding the record through a background check company, a news search, or a tip from someone else does not cure the problem; the use itself is what the statute forbids.¹

Four categories of criminal history fall inside the shield:

Arrests or detentions that did not result in a conviction. If charges were dropped, you were acquitted, or the case simply never produced a conviction, the arrest is off the table.
Referral to, or participation in, any pretrial or posttrial diversion program. This includes programs under the Welfare and Institutions Code and any other program California law classifies as diversion.
Convictions dismissed by a court under Penal Code sections such as 1203.4 or 1203.45. A dismissed conviction cannot be treated as if it still exists.
Convictions a court has ordered sealed. A sealed conviction gets the same treatment as an arrest that never produced a conviction.²

The statute also reaches people on the other side of the records counter. A peace officer or law enforcement employee with access to criminal history cannot knowingly disclose non-conviction arrest information or diversion program records to anyone not authorized to receive them, and the prohibition carries extra weight when the purpose is to affect someone’s employment.¹

Juvenile Records Are Treated Separately

Section 432.7 gives juvenile records their own layer of protection. An employer cannot ask about or use any record tied to an arrest, detention, diversion, adjudication, or court action that happened while you were under the jurisdiction of the juvenile court. The statute pointedly excludes juvenile adjudications from the definition of “conviction,” so a finding in juvenile court is never equivalent to an adult criminal conviction for employment purposes.²

This protection holds even in industries that qualify for one of the narrow exceptions below. A sealed juvenile record stays off-limits across the board.

Narrow Exceptions for Specific Positions

The statute is not absolute. A handful of employers can ask about limited slices of criminal history that would otherwise be protected, and the exceptions are narrower than many employers think.

Law Enforcement and Criminal Justice Agencies

Applicants for peace officer positions and jobs at the Department of Justice and other criminal justice agencies fall outside Section 432.7’s protection entirely. For current non-sworn employees of criminal justice agencies whose work involves evidence handling or activities directly tied to law enforcement, the exception is tighter: only arrests for violent felonies, serious felonies, and crimes involving dishonesty or obstruction of legal process can be disclosed.²

Government agencies that employ peace officers may access arrest information authorized under Penal Code sections 13203 and 13300. Even then, an employment decision cannot rest solely on an arrest report; the arrest can only prompt an independent internal investigation conducted under the Peace Officers Bill of Rights.¹

Health Facilities

Health facilities as defined in Health and Safety Code 1250 can ask about two narrow categories of arrests, and only when the position involves specific access:

For positions with regular access to patients, the employer can ask about arrests under Penal Code 290, the sex offender registration statute.
For positions with access to drugs or medications, the employer can ask about arrests under the drug offenses formerly listed in Health and Safety Code 11590.

Health facility employers using this exception have to provide applicants with a written list describing the specific offenses they are asking about. And sealed juvenile records remain protected regardless.¹

What You Can Recover for a Violation

Section 432.7 sets two tiers of damages. For any violation, you can sue and recover your actual damages or $200, whichever is greater, along with court costs and reasonable attorney’s fees. If the violation was intentional, the recovery jumps to triple actual damages or $500, whichever is greater, plus costs and fees. An intentional violation is also a misdemeanor punishable by a criminal fine of up to $500.¹

The $200 and $500 figures look small on paper. The real exposure for employers comes from attorney’s fees and from the arithmetic of standardized hiring practices. An employer using an application form with a single illegal question has potentially committed the same violation against every person who filled it out. Across hundreds or thousands of applicants, with fees added, the number grows fast.

How to Enforce Your Rights

Section 432.7 creates a private right of action. You can sue the employer directly in civil court; no agency has to clear the case first.²

You also have two agency options, each covering different ground:

The California Civil Rights Department, formerly the Department of Fair Employment and Housing, handles complaints under the Fair Employment and Housing Act and the Fair Chance Act. That is the right agency if the employer’s use of criminal history also amounted to discrimination based on race or national origin.³
The Labor Commissioner’s Office (Division of Labor Standards Enforcement) investigates retaliation complaints when an employer punishes a worker for exercising a Labor Code right. If you were fired or demoted for refusing to answer an illegal criminal history question, that complaint belongs with the Labor Commissioner.⁴

Filing with an agency does not block a private lawsuit, but deadlines matter. Fair Employment and Housing Act complaints generally must reach the CRD within three years. The limitations period for a private Labor Code 432.7 suit may differ, so talk to an employment attorney without delay if you believe your rights were violated.

A Note on Convictions Still on Your Record

Section 432.7 governs what employers cannot ask about at all. A separate California law, the Fair Chance Act at Government Code section 12952, controls when employers with five or more employees can ask about convictions that remain on your record. Under that law, an employer cannot inquire about conviction history until after making a conditional job offer. The two laws work together: even after a conditional offer, the categories protected by 432.7 (non-conviction arrests, diversion, dismissed convictions, sealed records) stay off-limits.⁵

1
California Legislative Information. California Code Labor Code 432.7 – Contracts and Applications for Employment
2
California Legislative Information. California Code LAB 432.7 – Contracts and Applications for Employment
3
California Civil Rights Department. About Civil Rights Department
4
Department of Industrial Relations. Division of Labor Standards Enforcement – Retaliation and Discrimination Complaints
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California Legislative Information. California Government Code 12952