13 Apr The Pardon and Commutation Reform Act of 2018
On January 1st, 2019, a new law went into effect, signed by Governor Jerry Brown which provides relief in certain areas, such as delay of deportation of at-risk individuals with criminal records. This is addressed in 4812(c). They must also have been rehabilitated and show exemplary behavior since that time. The bill can be accessed here.
Another part of the bill focuses on those who apply for jobs as well to employers with five or more employees. In 12952(1), the employer cannot ask a question about disclosures of any convictions until a conditional offer is made to the applicant. The employer also cannot “consider, distribute, or disseminate information while conducting a background check (12952(3)).
Employers cannot consider those convictions that have been sealed or expunged or the history of conviction for which that person has received a full pardon and/or certificate of rehabilitation. Should an employer choose to withdraw the offer of employment, the employer must provide a reason for why the job has been denied to the applicant.
The denial of the job offer must reflect some point of reasonable concern that the applicant would not be suitable because the conviction relates to the job in some way. The applicant, once having received the notice, has five days to respond with evidence of any inaccuracies that the employer’s report might have. Only positions of trust still have the same requirement in that anyone with a conviction must declare that conviction during the application.
The Second Chance Offer
The bill provides a certain gateway to allowing more rehabilitated persons with prior convictions to be able to find jobs, so they can support themselves and their families, and not turn or return to a life of crime because of desperation. The bill does not say this directly, however, but it is considered a second chance to start over. Because of past high percentages of recidivism, numerous groups that help those with convictions who have been released, have sprung up across the United States. It is important that those who are now free, develop a solid support system, such as family members and friends who encourage the newly-released prisoner to try again and live a better way.
Job Support in California
Do your research first on what type of job you may wish to engage in. Even if you are not directly hired into a company as a full-time employee, the work-at-home marketplace is getting larger every year. There are many jobs that you can do at home and source out work to various companies who may need your help. Check out this link here to get some ideas that appeal to you as to the jobs you might want to do.
If you live in San Diego and are now looking for a job, check out the 211-San Diego link here to look for the help you need. Numerous links on this page access housing and shelter links, Advocacy links, healthcare service, mental help services, hotlines, employment education, CDCR re-entry rehabilitative programs, and many more. Check out all the links or pass the 211-San Diego link to a friend who needs this help.
If you need help with applying for a request for clemency or a certificate of rehabilitation, contact us at once for a consultation. 619-234-2300