Conviction History Policy
Conviction History Policy - A conviction does not necessarily
preclude employment with the San Francisco Community College
The California Education Code Section 87405 prohibits the San Francisco Community College District from employing individuals convicted of certain sex or controlled offenses, as defined in the California Penal Code. Section 87405 also creates several exceptions to this prohibition. This includes an exception for an applicant whose conviction is dismissed pursuant to Penal Code Section 1203.4 and they have obtained or applied for a certificate of rehabilitation under the Penal Code.
The Fair Chance Act (Assembly Bill No. 1008), effective January 1, 2019, added a new section to the Fair Employment and Housing Act (at Government Code § 12952) making it illegal for most employers in California to ask about the criminal record of job applicants before making a job offer. This means job advertisements, job applications, and interview questions cannot include inquiries into an applicant’s criminal record. The purpose of the law is to allow applicants to be judged based on their qualifications.
After making a job offer, employers are allowed to conduct a criminal history check, and the law requires an individualized assessment about an applicant’s conviction history. Each case is given individual consideration and carefully reviewed by the SFCCD Human Resources Department in accordance with the California Fair Chance Act (AB 1008) and the California Community Colleges Fair Chance Hiring Best Practices. Furthermore, the District limits disclosure of the applicant’s conviction history to a need-to-know basis.