FOR IMMEDIATE RELEASE
New legislation closes loopholes in the Fair Chance Act and requires legitimate job-related justifications for record-based job denials.
SACRAMENTO, CA (February 24, 2026) — Assemblymember Alex Lee has introduced the AB 2095: Fair Chance Improvement Act, to strengthen California’s Fair Chance Act by closing loopholes that continue to block qualified workers with records from employment opportunities nearly a decade after the law’s passage.
The bill, sponsored by a coalition of worker, civil rights, and reentry organizations, is expected to go before the Assembly Labor and Employment Committee this spring.
Passed in 2017, the California Fair Chance Act requires most employers to delay conviction background checks until after extending a conditional job offer and provide due process for workers before a job offer could be rescinded. While the law helps open doors, employers continue to unfairly reject many qualified workers based on conviction records that are unrelated to the position.
AB 2095: Fair Chance Improvement Act would strengthen the existing law to ensure that job denials based on conviction records are directly related to job duties and legitimate business necessity.
Key Provisions of AB 2095: Fair Chance Improvement Act
The legislation would:
- Mandate that employers document their individualized assessment in writing and share it with the applicant
- Clarify protections for current employees seeking promotions or transfers
- Prohibit employers from requiring job applicants to pay for their own background checks
- Narrow broad exemptions that currently exclude large categories of jobs from Fair Chance protections and clarify that all employers are required to follow the fair chance process
- Remove the exception for local laws requiring background checks
- Require employers to provide applicants with a list of specific job duties before conducting a background check
- Require employers to demonstrate that a conviction has a direct and adverse relationship to the specific job duties before taking adverse action
- Eliminate the “candor trap” by prohibiting employers from requiring applicants to self-disclose conviction history
Nearly one in three California adults have a conviction or arrest record that may appear on an employment background check. Black, Latinx, Indigenous, and low-income Californians are disproportionately impacted by the criminal legal system, and then harmed again by employer policies and practices that penalize workers with conviction records.
“The Fair Chance Act is foundational for the formerly incarcerated to reintegrate into society. If we are committed to restorative justice, we must ensure that there are real opportunities to rebuild their lives and positively contribute to our communities,” said Assemblymember Alex Lee. “By strengthening the Fair Chance Act, AB 2095 will pave a fairer, more equitable path to employment for those impacted by the justice system.”
“The Fair Chance Act opened the door, but too many workers still lose job offers based on records unrelated to the work and job duties,” said Molly Lao, Staff Attorney at Legal Aid at Work. “This legislation restores balance and transparency to hiring decisions.”
“Employment is foundational to stability and dignity,” said Simone Price, Director of Organizing at the Center for Employment Opportunities. “When qualified candidates are excluded without clear job relevance, it harms families, communities, and California’s workforce. This bill strengthens fairness while preserving responsible employer discretion.”
“California laws that prevent people living with a past conviction from positively contributing to our communities make us all less safe,” said Tinisch Hollins, executive director of Californians for Safety and Justice. “After someone has completed their sentence and paid their debts, we cannot continue to allow old legal records to create barriers to opportunity that destabilize families, undermine our economy, and worsen racial injustices. This bill will help ensure every Californian has the chance to contribute to our state and its economy, and we’re grateful to Assembly Member Lee for his leadership.”
“I have been denied work based on a record unrelated to the job,” said Nedric Miller, Policy Fellow at Legal Services for Prisoners with Children, “This bill helps ensure people are evaluated on their skills and qualifications.”
The bill is co-sponsored by All of Us or None, Californians for Safety & Justice, the Center for Employment Opportunities, Legal Aid at Work, Legal Services for Prisoners with Children, the National Employment Law Project, and the Underground Scholars Initiative.
Media Contact:
Molly Lao
Staff Attorney
Legal Aid at Work
(415) 593-0126
mlao@legalaidatwork.org
About the Coalition
All of Us or None is a grassroots civil and human rights organization advocating for formerly and currently incarcerated people and their families.
Californians for Safety & Justice is a program of Alliance for Safety and Justice that works to replace costly justice system practices with community safety solutions.
Center for Employment Opportunities is a nonprofit organization that provides employment services to people returning from incarceration.
Legal Aid at Work partners with workers to understand and assert their workplace rights and advocates for equitable employment systems.
Legal Services for Prisoners with Children advocates for the rights of currently and formerly incarcerated people and their families.
National Employment Law Project is a nonprofit organization advocating for a just and inclusive economy in which all workers have good jobs.
Underground Scholars Initiative is a student organization across the University of California system supporting incarcerated and formerly incarcerated students.