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A proposed bill would allow people with arrests and low-level convictions to complete applications to manage, operate or work at care facilities in the Golden State.

About The Bill

Assembly Bill 1720 (AB1720) is designed to “create a fair chance for people with arrest and conviction records to access caregiving and other jobs governed by the Department of Social Services (DSS).” If it passes, the bill will update existing law which instructs the DSS to obtain criminal history information for everyone who applies at community care facilities, including potential officers, employees and volunteers.

AB1720 calls on the DSS to establish a process to “grant a simplified criminal record exemption to an applicant for a license or special permit to operate or manage these facilities and the specified individuals connected with these facilities, if certain criteria is met.” This would eliminate the mandate for applicants who might work at such facilities or as home care aides to sign a declaration under penalty of perjury regarding prior convictions. The bill also prohibits the DSS from requiring applicants to disclose their criminal history information.

If Criminal Records Are Found

The proposed bill establishes guidelines for what should happen if an applicant is found to have criminal records during a criminal background check. It decrees:

• An application can be denied if a conviction was for something other than an infraction, unless the individual is granted an exemption.
• The DSS may stop processing a request if the applicant is awaiting trial for a crime other than an infraction.

AB1720 further notes that if an application is approved and the recipient is later found to have been convicted of a crime other than an infraction, then their license can be revoked. Learn more.

The Bill’s Sponsor

Assemblymember Chris Holden introduced AB1720. He spoke about the proposed law: “As we are creating a better future of tomorrow, we must allow for opportunities for our current generation to thrive. The exemption process is burdensome for both DSS and exemption applicants and can take more than 75 days to complete, that would mean 75 more days of unemployment – we just cannot afford that.”

A Press Release about AB1720 explained that supporters of this bill hope to "streamline the licensure process for those that have been convicted of a crime to ensure that an unrelated prior conviction does not prohibit a qualified, rehabilitated person from securing employment." It also said the bill is not expected to make any major changes to the process for licensing foster family homes, certified family homes or resource family homes of a licensed foster family agency.

The Second Chance Movement

Bills like AB1720 are part of a growing Second Chance movement in the United States. They are designed to help people with minor or outdated convictions find new opportunities for employment, housing and other necessities.

Millions of Americans have criminal records. Numerous studies have concluded that having any type of conviction makes it difficult for them to reintegrate into society. Helping these individuals find work is expected to reduce the rate of recidivism, create safer communities and give employers larger applicant pools.

Running Background Checks

Second Chance laws are becoming more common, but it is still essential for employers to take steps to make sure they are hiring candidates who not considered to be a risk to property, other employees and the public. A key part of that is running comprehensive background checks. These reports empower organizations to make informed decisions, conduct due diligence and create safe working environments.

If your business needs employment background checks, please contact us. Our experienced team can help you customize screening packages for any position. We are available to assist you Monday through Friday from 5am to 6pm PT.