The California Court of Appeal has ruled against the Los Angeles Unified School District (LAUSD) for rejecting two job applicants due to their expunged misdemeanor convictions. This decision, filed on September 22, 2026, clarifies the application of California's Nondisclosure Statute, which prohibits employers from inquiring about certain criminal records. The ruling impacts job applicants with expunged records, reinforcing their rights in the hiring process.
The case involved two individuals, A.S. and E.M., who applied for jobs with LAUSD but were denied employment because of their past criminal convictions, despite those convictions being expunged. A.S. had a misdemeanor battery conviction, while E.M. had a misdemeanor grand theft conviction. Both had their records cleared through California's Expungement Law, which allows individuals to seek a dismissal of certain convictions. The court's ruling emphasizes that expunged convictions should not be considered in hiring decisions, protecting individuals from being unfairly penalized for past mistakes.
A.S. and E.M. both filed separate lawsuits against LAUSD after being denied jobs. The trial courts ruled in favor of the applicants, stating that LAUSD had misinterpreted the Nondisclosure Statute by considering their expunged convictions in its hiring process. The cases were then consolidated for appeal, leading to the recent decision by the California Court of Appeal.
The court's ruling reaffirmed the protections provided by the Nondisclosure Statute, which states that employers cannot ask applicants about arrests or convictions that have been judicially dismissed or sealed, including expunged convictions. The court found that LAUSD violated this statute when it rejected A.S. and E.M. based on their past misdemeanors.
Judge Wiley, writing for the court, stated, "The Basic Prohibition applied to the District. This means the statute... told the Department not to ask applicants about expunged misdemeanor convictions." The court also examined two exceptions to the Nondisclosure Statute that LAUSD argued would allow them to inquire about the expunged convictions. However, the court concluded that neither exception applied in this case.
Exception M allows employers to ask about certain convictions if required by law, but the court found that LAUSD could not identify any law that mandated them to consider the specific misdemeanors of A.S. and E.M. Similarly, Exception N permits employers to conduct criminal background checks, but the court ruled that it does not allow the use of information obtained from such checks if it pertains to expunged convictions.
The court's decision has significant implications for job applicants with expunged records in California. It reinforces the idea that individuals who have had their convictions expunged should not face discrimination in the hiring process based on their past mistakes. This ruling may encourage more individuals to seek employment opportunities without fear of being judged for their past.
Moving forward, this ruling sets a clear precedent regarding the treatment of expunged convictions in employment decisions. Employers, including public agencies like LAUSD, must adhere to the Nondisclosure Statute and cannot use expunged convictions as a basis for denying employment. This decision may lead to increased scrutiny of hiring practices across California, ensuring that individuals with expunged records are given a fair chance in the job market.
As for what’s next, LAUSD has the option to appeal the ruling to the California Supreme Court, but it remains to be seen whether they will pursue that route. The outcome of this case could influence similar cases in the future, as it reinforces the rights of individuals with expunged convictions in California.