If you are an HR department in California, pay particular attention to the new legislation effective January 1, 2018.. California has what is called “Ban-the-box” legislation under AB 1008. This states that an employer may not ask about criminal history in the initial application for employment (i.e. having a box that will be checked on the application for criminal convictions). The whole idea is it prevents people from having the chance to explain their circumstances. If they are barred in the application in the very beginning, they wouldn’t have this opportunity.
The next step is to make a conditional offer of employment. At that stage you can discuss the criminal history in the background check with the employee. The only thing you cannot inquire about is: 1) arrests that do not result in conviction, 2) referral to a drug or alcohol diversion program or 3) convictions that have been sealed, dismissed or expunged. But your HR department has every right to discuss the parameters of the convictions or warrants.
In fact, it is within the spirit of the law to discuss matters with the employee because as stated above, that would give the individual a chance to explain.
Remember also that one does not receive a warrant unless there is some kind of conviction or finding of guilt. Warrants are not issued just for an arrest.
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