Governor Jerry Brown signed California State Senate Bill 530 into law on October 10, 2013.  This legislation expands the protections for persons with prior criminal records.  It expands section 432.7 of the California Labor Code and increases the benefits of expungement.  Employers are now prohibited from asking an applicant to disclose information concerning a conviction that has been judicially expunged.  The employer may also not seek information from any source any record concerning a conviction that has been expunged or sealed. Employers are also forbidden from using an expunged or sealed conviction as a factor in determining any condition of employment, including hiring, promotion, or termination.

The law provides a few exceptions to these prohibitions. An employer is permitted to ask an applicant to disclose an expunged conviction and to use the expunged conviction as a factor to determine employment if: (1) the employer is required by law to obtain that information; (2) the applicant would be required to possess or use a firearm in the course of his or her employment; (3) an individual who has been convicted of a crime is prohibited by law from holding the position sought by the applicant, regardless of whether that conviction has been expunged, judicially ordered sealed, statutorily eradicated, or judicially dismissed following probation; or (4) the employer is prohibited by law from hiring an applicant who has been convicted of a crime.

Previously, the law allowed the applicant to deny the existence of a conviction that had been expunged.  If, however,  the employer discovered the information, the employer could discriminate against the applicant based on the expunged conviction.

There has recently been an increase in the number of states that have enacted prohibitions on employers inquiring about an applicant's criminal record on an employment application.  The EEOC has also endorsed this position in its recent guidance regarding use of criminal background checks in employment.