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Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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Assembly Bill 2845 was signed into law by Gov. Brown in September 2018. The bill prohibits employers with five or more employees to do such things as:
Please note that some exemptions to these rules do apply. For example, AB 2845 does not apply to employment applications with a criminal justice agency.
The bill in question also makes it easier for persons to apply for a pardon with the Governor’s office.
AB 2845, also referred to as the Pardon and Commutation Reform Act of 2018, applies to employment practices conducted by some employers during the hiring of applicants.
The bill is directed at employers that employ five or more employees. And, it makes it unlawful for these employers to do any of the following:
Please note that existing California law allows a person formerly convicted of a crime to file a petition with the court for a certificate of rehabilitation. If the certificate is issued, it is forwarded to the Governor for consideration of a full pardon for the given offense.
AB 2845 does provide a few exceptions to the rules regrading an employer not considering an applicant’s past convictions.
The bill states that it does not apply in the following circumstances:
Persons in California that are convicted of a crime can request a pardon for that crime from the Governor. AB 2845 makes the pardon process more accessible by including an application for a pardon on the Governor’s Office Internet Web Site.
There are three primary reasons that support the rules in AB 2845. These are that the law:
The bill in question was authored by Assemblymember Rob Bonta (D-Oakland). And, it amends Section 12952 of the Government Code.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.