C.A.R.E. Act, Senate Bill 393
Sponsored by District Attorney Gascón, the Consumer Arrest Record Equity (C.A.R.E.) Act helps people who have been arrested, but not convicted of a crime by creating procedures to ensure sealed arrest records are actually sealed, so they do not appear when an employer, landlord, or other third party member conducts a background check.
Protecting Sealed Arrest Information in an Equitable Way
SB 393 establishes a uniform process for individuals to petition the court to seal their arrest records. The act also updates criminal records at both the local and state level to ensure that credit reporting agencies and the CA Department of Justice do not inadvertently disseminate sealed arrest information.
Prevalent and Problematic
Many prospective employees and housing applicants are rejected solely based on having an arrest record on file. A 2012 study by the Society for Human Resource Management shows that 69% of reported organizations used criminal background checks on all job candidates, but only 58% allowed candidates to explain their criminal history. The impact of unsealed arrest records is especially magnified for communities of color, who are arrested at higher rates compared to their size within the overall population.
By removing arrest records for individuals not convicted of a crime, SB 393 will weaken barriers that are holding back Californians from employment and housing opportunities.