Short answer
Can employers in San Francisco ask about criminal history before a job offer?
Fair Chance Ordinance (Article 49) (effective August 13, 2014 (amended October 2018 to cover employers with 5+ employees; further amended effective August 10, 2026 by Ordinance No. 128-26)) applies to: Private employers and City contractors, subcontractors, and leaseholders with 5 or more employees worldwide, for any position working at least 8 hours per week in San Francisco. No conviction-history inquiry until after a conditional offer; arrests not leading to conviction, dismissed or expunged convictions, juvenile records, non-felony infractions, convictions older than 7 years, and decriminalized conduct such as non-commercial cannabis use are off-limits at every stage. As of August 10, 2026, out-of-state convictions or arrests for conduct that is lawful in California — including abortion-related healthcare, gender-affirming care, drag performance, and spontaneous abortion — may not be treated as directly related to the job.
Covered employers
Private employers and City contractors, subcontractors, and leaseholders with 5 or more employees worldwide, for any position working at least 8 hours per week in San Francisco.
Timing of inquiry
No conviction-history inquiry until after a conditional offer; arrests not leading to conviction, dismissed or expunged convictions, juvenile records, non-felony infractions, convictions older than 7 years, and decriminalized conduct such as non-commercial cannabis use are off-limits at every stage. As of August 10, 2026, out-of-state convictions or arrests for conduct that is lawful in California — including abortion-related healthcare, gender-affirming care, drag performance, and spontaneous abortion — may not be treated as directly related to the job.
Individualized assessment
Required and must directly link the conviction to the inherent duties of the position; convictions older than 7 years generally cannot be considered. Under the 2026 amendments, if the applicant makes a reasonable factual showing that a proposed adverse action rests solely on a conviction that is not directly related to the job, the employer must withdraw the proposed action.
Adverse-action workflow
Provide the candidate a copy of the report and the basis for the contemplated decision, then wait at least 7 days before finalizing adverse action. Effective August 10, 2026, if the candidate disputes the results or submits evidence of rehabilitation, the employer must confirm receipt of that response within 14 days and issue the final adverse-action decision within 30 days of receiving it.
Notice & posting
Mandatory FCO notice posted in workplaces and on job ads; annual reporting to the Office of Labor Standards Enforcement. Employers should replace the posted notice once the city issues the revised 2026 poster.
Enforcement & penalties
Office of Labor Standards Enforcement (OLSE). Effective August 10, 2026, first-violation penalties rise to $1,000 per affected person with escalating amounts for repeat violations, and liquidated damages available in civil actions doubled.
Citations
- S.F. Police Code Art. 49 §§4901–4920
- S.F. Ordinance No. 128-26 (effective August 10, 2026)