Appeals Court Upholds Ban on Expunged Convictions

The California Court of Appeal affirmed that Los Angeles Unified School District violated state labor law by rejecting two applicants over expunged misdemeanor convictions.

Updated on Nov. 11, 2026 in Criminal Justice

Appeals Court Upholds Ban on Expunged Convictions

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Should employers be allowed to reject applicants over expunged misdemeanor convictions?

The California Court of Appeal affirmed trial court rulings that the Los Angeles Unified School District violated Cal. Lab. Code § 432.7 by rejecting two job applicants based on misdemeanor convictions that had been expunged. Trial courts had granted summary judgment to both applicants in separate actions.

Why it matters

The decision reinforces that expunged convictions generally cannot be used to screen out job candidates under California law, even for positions involving student contact. The District had argued its duty to protect students required screening out applicants with nearly any criminal conviction.

The Court of Appeal affirmed in a consolidated appeal that the District violated Cal. Lab. Code § 432.7, upholding summary judgment for both applicants. The source does not indicate whether further appeal is planned.

The players

Los Angeles Unified School District

The second-largest public school district in the United States, serving the city of Los Angeles and surrounding areas, and the employer whose hiring practices were found to violate state law.

The details

One applicant sought a part-time after-school program position and the other sought a legal secretary position; both were rejected over prior battery and grand theft misdemeanor convictions that had been expunged. The District contended its duty to protect students required screening out applicants with nearly any criminal conviction, but the courts found the rejections violated the state statute that prohibits employers from asking about or using expunged convictions.

2026: Court of Appeal decision issued affirming the trial court rulings.

Legal Context

The ruling applies Cal. Lab. Code § 432.7, which bars employers from asking about or using expunged convictions, to a public school employer that argued student-safety duties justified broader screening. It confirms that the statute's protections extend to public agencies seeking to exclude applicants with expunged records from hiring.

Job applicants in California with expunged misdemeanor convictions may be able to challenge employment rejections based on those records under state law. Employers, including public school districts, may need to review how they screen applicants for convictions that have been expunged.

The takeaway

Applicants with expunged records have statutory protection against being screened out on those convictions, and that protection extends to public employers. Employers should confirm their screening policies comply with Cal. Lab. Code § 432.7 before making hiring decisions.