Pre-Offer Criminal History Inquiries

The law provides that "particular conviction” means a conviction for specific criminal conduct or a category of criminal offenses prescribed by any federal law, federal regulation, or state law that contains requirements, exclusions, or both, expressly based on that specific criminal conduct or category of criminal offenses. Thus, what does that mean?

Loosely interpreted, certain professions that require state or federal certifications or licensing AND in which the applicant has been convicted of a crime as identified under the respective licensing/certification agency or board. So, how does that apply to industries and employers not employing such professions? 

Bottom line, absent falling into the above categories, pre-offer inquiries about criminal history are not permitted.
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Professional That May Be Affected By A Felony Conviction In California 

Consequences of a felony conviction in California can include denial, suspension, or revocation of a California professional or business license. But only if the crime is substantially related to the qualifications, functions, or duties of the business or profession. 

Professions that may be affected by a felony conviction include (but are not limited to):

• Doctor
• Nurse
• Dentist
• Pharmacist;
• Physical Therapist;
• Teacher;
• Social Worker;
• Lawyer; and
• Real Estate Broker or Agent​​

At the federal level, a felony conviction may also result in the loss of a license, such as:

• Customs Broker's License;
• Export License;
• License to export defense articles and services;
• Merchant Mariner's Document, License, or Certificate of Registry;
• Locomotive Engineer's License;
• Transportation Worker Identification Credential (TWIC); and
• Any other license, if the conviction is for a drug offense.

Felons are generally disqualified from public office if they have ever been convicted under California or federal law of:

• Vote-buying;
• Bribery;
• Perjury;
• Forgery;
• Malfeasance in office;
• Embezzlement of public money;
• Falsification of public account records; or
• Other "high crimes."

Overview of California Crimes
​of Moral Turpitude 

Under California Law, certain crimes are considered to be “crimes of moral turpitude”. A conviction for any of them can affect various aspects of the life:

1. Change the immigration status if the convicted is not a citizen of the U.S.;
2. Cast a shadow on a credibility of a witness;
3. Deprive of the right to have licenses for professional activity.

Moral turpitude crimes are defined as acts of baseness, vileness or depravity in the private and social duties, they are contrary to the accepted and customary rule of moral, right and duty between people. In general, they require the criminal intent of the offender to cause great bodily injury, defraud, deceive, deprive an owner of property, or to act in a lewd manner or recklessness.

These crimes can result in the loss of a professional license or an employment. In particular, California lawyers convicted of one may face disbarment or suspension of the professional license. Also, California state employees may face sanctions from discipline to the loss of job.

Under California Law, there is no clear list of crimes involving moral turpitude. Courts still continue to disagree on which crimes are.

Below are some major offenses that can be considered as crimes involving moral turpitude (but are not limited to):

• Murder or Intentional Homicide
• Kidnapping
• Mayhem
• Assault with Intent to Commit Murder
• Rape
• Terrorism
• Attempted lewd acts on a minor
• Arson
• Burglary
• Robbery
• Theft
• Grand Theft Auto
• Child abuse
• Felon in possession of a firearm

Here you can see some examples of crimes which do not involve moral turpitude:

• Attempted Suicide
• Carrying a Concealed Weapon (no intent to use)
• Possession of Marijuana
• Involuntary Manslaughter 
• Possession of an Unregistered Sawed-off Shotgun
• Simple Assault
• Libel
• Kidnapping without any aggravating circumstances.

​Handling Negative Results on a Background Check