Evidence: criminal history information.
The implications of this bill are significant for both employers and employees. By prohibiting the admission of criminal history into evidence under certain circumstances, AB 2647 establishes a clearer framework for civil actions related to employment. It restricts the ability of employers to rely on an employee’s or former employee’s criminal history as evidence if it does not directly relate to the civil case in question. This can lead to reduced legal risks for employees, especially those whose past offenses can be deemed irrelevant to the current civil suit.
Assembly Bill 2647, introduced by Assembly Member Rubio, seeks to amend the Evidence Code by adding Section 1162. This bill specifically addresses the admissibility of evidence pertaining to the criminal history of employees or former employees in civil actions against employers. The primary aim of AB 2647 is to limit the scope of how such criminal histories can be used in civil litigation, particularly in cases arising from employment-related conduct.
There may be potential points of contention regarding this bill. Critics might argue that such limitations could hinder employers' rights to defend themselves adequately in civil lawsuits. Conversely, advocates of the bill may see it as a necessary step to provide fair treatment of employees who have reformed or had their criminal histories sealed, reversed, or expunged. This dichotomy reflects broader societal discussions about rehabilitation and the impacts of criminal records on employment opportunities.
Ultimately, if passed, AB 2647 would provide an important legal protection for employees involved in civil cases against their employers. The emphasis on expungement and rehabilitation aligns with ongoing movements toward reducing stigmatization based on past criminal behavior.