In 2008, Berkeley adopted a Ban the Box policy eliminating disclosure of conviction history from city job applications. Presently, Berkeley agency job applications do not include questions about an applicant’s conviction history. City agencies do not require disclosure of conviction history until extending an applicant a conditional employment offer. Following the offer, Berkeley’s Human Resources Department (“Department”) conducts a confidential criminal background check using information obtained from the California Department of Justice.
If the applicant has a conviction history, the Department performs an individualized assessment to evaluate the relationship between the conviction and the position. The Department uses the following factors when performing the assessment:
- The number of convictions;
- The time elapsed since the conviction;
- Evidence of rehabilitation; and,
- Any other mitigating circumstances.
The Berkeley Ban the Box policy exempts police hires.
Berkeley’s Ban the Box policy only applies to applicants seeking employment with the City of Berkeley. The Ban the Box policy does not extend to private employers.
