If you’re applying for a job in California, or hiring someone, you need to know about the Fair Chance Act—a law that aims to give everyone a fair shot at employment, including those with a criminal history. This blog breaks it down and explains how Live Scan fingerprinting plays a role, especially in jobs that require background checks.

What Is the Fair Chance Act?

California’s Fair Chance Act (enforced since 2018) says employers cannot ask about your criminal record until after they’ve made a conditional job offer.

That means:

• No questions about arrests or convictions on the application
• No background checks before a conditional offer
• Employers must follow a “fair chance” review process before taking back an offer due to a conviction

So, When Does Live Scan Come Into the Picture?

Live Scan fingerprinting is often required by law for roles in:

• Healthcare
• Education
• Childcare
• Finance
• Security
• Government

Once a conditional offer is made, the employer may request a Live Scan background check. This scan is sent to the California DOJ, and possibly the FBI, depending on the job. The report comes back showing any relevant criminal history.

If something does show up, employers must take these steps:

• Make an individualized assessment – consider the nature of the offense, how long ago it happened, and whether it’s relevant to the job.
• Provide notice of intent to revoke offer – including a copy of the report and explanation.
• Give the applicant time to respond (at least 5 business days) with clarification or evidence of rehabilitation.
• Reconsider after hearing the applicant’s side before making a final decision.

For Job Seekers: Know Your Rights

• Employers can’t ask about convictions upfront
• You can dispute inaccurate or outdated information
• You have the right to explain your background and show progress or rehabilitation
• Live Scan results are not shared with private employers unless required by law – they go directly to the agency that requested it

For Employers: Stay Compliant

• Don’t run a Live Scan or background check until a conditional offer is made
• Always follow the fair assessment process
• If you’re hiring for a position that requires DOJ clearance (e.g., caregivers, teachers, mortgage professionals), make sure you’re using a certified Live Scan provider like A1 LiveScan
• Keep documentation to show you’re complying with the Fair Chance Act

Bottom Line

The Fair Chance Act isn’t about hiding criminal records—it’s about timing and fairness. Live Scan is still essential for many roles, but it should only come after a job offer. Employers must give applicants a real chance to explain their history, and job seekers have the right to be treated with dignity and respect.

Need Live Scan fingerprinting for a job offer? Or just have questions about how it all works?

Call A1 at 213-489-4559 for questions or an appointment.