An Arrest From Another State Isn’t Automatically Fair Game
Employers running background checks often assume that if a conviction happened somewhere else, it’s fair to weigh it however they see fit.
San Francisco just narrowed that assumption.
Effective Aug. 10, 2026, amendments to the city’s Fair Chance Ordinance bar covered employers and affordable housing providers from considering certain out-of-state arrests or convictions tied to conduct that is lawful in California. The newly protected categories include abortion-related healthcare, drag performances, gender-affirming care, and spontaneous abortion.
The amendments also rework the adverse-action process. If an employer intends to act on conviction history, it must provide the background check report and give the applicant seven days to submit rebuttal or mitigating evidence. The employer must then confirm receipt within 14 days, delay the proposed action for a reasonable period, and reconsider in light of what was submitted. A final decision, if adverse, must go out within 30 days.
Penalties doubled across the board. First violations now run $1,000. Repeat violations run $2,000, then $4,000.
The statewide floor still applies underneath all of this. California’s Fair Chance Act (Gov. Code § 12952) already restricts when and how conviction history can factor into a hiring decision for most employers. San Francisco’s ordinance layers additional, more specific protections on top of that floor for anyone working at least eight hours a week within the city.
Employers with any San Francisco footprint should treat their background-screening criteria, adverse-action templates, and internal deadlines as due for a review, not a routine update.
Contact Michael Trust Law, APC for a no-charge initial consultation. The facts determine what needs to be addressed — and how much of a conversation that takes.
This post shares general information based on common patterns I see in California workplaces. It is not legal advice, does not create an attorney-client relationship, and outcomes depend on specific facts — no lawyer can guarantee a result. Past results do not guarantee or predict future outcomes. AI may have been used to create this post. All content reviewed by a CA attorney before publication.