AB 829

This bill makes various changes to the fair employment law with respect to the

ability of state and local governmental agencies to deny a license to an individual

based on the individual's arrest or conviction record.

Under the current fair employment law, it is an unlawful act of employment

discrimination for a state or local agency that has the authority to grant or deny

licenses to refuse to license an individual on the basis of the individual's arrest or

conviction record. (The fair employment law defines “license” as “the whole or any

part of any permit, certificate, approval, registration, charter or similar form of

permission required by a state or local unit of government for the undertaking,

practice or continuation of any occupation or profession.”) However, there are a

number of exceptions to the fair employment law, including exceptions that allow

licensing agencies to 1) deny a license to an individual who is subject to a pending

criminal charge if the circumstances of the charge substantially relate to the

circumstances of the particular licensed activity; or 2) deny a license to an individual

who has been convicted of any felony, misdemeanor, or other offense the

circumstances of which substantially relate to the circumstances of the particular

licensed activity.

This bill makes a number of modifications to the fair employment law as it

relates to discrimination based on arrest or conviction record in licensing, including

all of the following:

1. The bill narrows the exception above that allows for denial of a license due

to arrest record so that a licensing agency may only deny a license if the pending

charge is for a crime against life and bodily security or one of certain crimes against

children. The circumstances of the charge would also have to substantially relate to

the circumstances of the particular licensed activity, as under current law.

2. The bill qualifies the exception above that allows for denial of a license due

to conviction record in the following ways:

a. The bill prohibits a licensing agency from denying a license under the

exception because the individual was adjudicated delinquent for an offense under

the Juvenile Justice Code, unless the offense for which the individual was

adjudicated delinquent was one of certain crimes against life or bodily security or one

of certain crimes against children.

b. If a licensing agency denies a license under the exception, the licensing

agency must state its reasons for the denial in writing, and must allow the individual

to show evidence of rehabilitation and fitness to engage in the licensed activity as

provided in the bill. These requirements, however, do not apply if the conviction was

for one of certain crimes against life or bodily security or one of certain crimes against

children.

3. The bill requires state agencies that may deny licenses due to an individual's

conviction record under the exception to promulgate rules to allow an individual,