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A proposed bill could result in an overhaul of California’s Fair Chance Hiring Act

Assembly Bill 2095

In February 2026, legislators in California introduced Assembly Bill 2095 (AB2095). It could result in big changes to the state’s Fair Chance Hiring Act. The updates are intended to help prevent employment discrimination based on a person’s criminal history.

The state's current law specifies that employers may not consider a candidate’s criminal history until after they extend a conditional job offer. If the new bill passes, that section would be updated to say employers may not look into a person’s criminal history until they provide the individual with “a list of all specific job duties of the position with which a conviction may have a direct and adverse relationship and potentially result in an adverse action.”

Californa's existing law requires employers to individually assess any criminal records that are returned in a background check. Should the new bill be signed, that would be updated to say organizations may not take adverse action unless they can demonstrate that a conviction has a “direct and adverse relationship with the specific duties of the job that justifies denying the applicant the position and it complies with a specified process.” Applicants would also be given an opportunity to dispute any such claims.

Should AB2095 become law, employers would not be allowed to:

• Require a job applicant to cover the cost of a criminal background check.
• Take adverse action based on an arrest that did not result in a conviction.
• Consider convictions that were sealed, dismissed, expunged or received automated relief.

Exempt Positions

Certain types of positions would have exemptions granted by AB2095. If an employer is required by state or federal law to check whether a candidate has convictions, then they would still be allowed inquire about an applicant's conviction history and ask them to authorize a background check before any conditional job offer is extended. However, they must also provide the applicant with a written notice which states the position is covered by an exception to AB2095 and reference the specific relevant laws and regulations.

If an exempt employer takes adverse action based on the results of a background check, they must notify the applicant, in writing, of the relevant law or regulation that resulted in the adverse action and allow the applicant to challenge the accuracy of the conviction history report.

What Employers Should Know

Organizations in California should be aware of AB2095 and know that if it passes, they will be required to update certain aspects of their hiring and background screening policies. This includes how and when they may run background checks and what it takes to deny employment based on the result of a screening.

Running Background Checks

There are hundreds of second chance laws in the United States that are intended to give people who have criminal records new opportunities to find jobs and other necessities. While they vary greatly, in each case employers continue to be encouraged to run background checks on potential employees, contractors or volunteers. These reports help hiring managers make informed decisions and maintain safe workplaces.

If you represent an organization that needs employment background checks, please contact us. Our friendly, experienced team can help you customize screening packages based on your particular needs, relevant laws and industry best practices. We are available to assist you Monday through Friday from 5am to 6pm PT.