California state guideCity compliance · San Diego County (Unincorporated), CA

San Diego County (Unincorporated) Fair Chance Ordinance

Mirrors the state Fair Chance Act but lowers the covered-employer threshold to 5 and adds a county enforcement mechanism with $5,000+ penalties.

Effective: October 10, 2024

Covered employers

Employers with 5 or more employees with any operations in the unincorporated County, including staffing agencies and County contractors.

Timing of inquiry

No inquiry before a conditional offer; pre-offer questions about criminal history are prohibited even in interviews.

Individualized assessment

Written assessment required, mirroring California Fair Chance Act factors; reassessment required if candidate disputes.

Adverse-action workflow

Preliminary notice with the assessment and report; minimum 5 business days for the applicant to respond before final adverse action.

Notice & posting

Postings cannot deter applicants with records; recordkeeping for 4 years.

Enforcement & penalties

San Diego County Office of Labor Standards and Enforcement. Civil penalties of $5,000–$10,000 per violation.

Citations

  • San Diego County Code of Reg. Ord. Title 2, Div. 13, Ch. 5