Oakland Bans Criminal Background Checks for Housing

Will other cities and counties in California follow suit?

Oakland Bans Criminal Background Checks for Housing

If you have been convicted of a crime in California, you know that there are two kinds of consequences — those that are handed out by a judge, and those that come from having a criminal history. For example, if you are convicted of a DUI, you might complete the terms of your sentence and get your license back…and then spend years paying significantly higher car insurance premiums because of your conviction.

One of the most challenging aspects of having a criminal record is in finding housing. While California has “banned the box” — the practice of asking about convictions on employment applications — landlords can and do still ask about criminal histories. Many landlords across California refuse to rent to prospective tenants with criminal records.

In Northern California, the city of Oakland has passed a new law that makes it illegal to run criminal background checks on potential tenants. The law also forbids landlords from turning away tenants based on past convictions. The Fair Chance Housing Ordinance was passed unanimously by the Oakland City Council in February. There are certain exceptions to the law, such as owner-occupied properties with three or fewer units, owner-occupied single family homes, and units where a tenant wants to replace an existing co-tenant , add a co-tenant, or sublet the unit. This law is unique in California in that it applies to all housing — not just affordable housing, as in San Francisco.

This law highlights just how difficult it can be for people who have been involved with the criminal justice system to move forward with their lives. Too often, even after a person has paid their debt to society, they still face roadblocks — such as landlords who refuse to rent to them because of their criminal record. Laws like this would change that equation, and stop punishing people for their crimes long after they have completed the terms of their sentence.

The law also illustrates how important it is to hire an aggressive criminal defense attorney in Rancho Cucamonga, CA. When you are charged with a crime, your focus may only be on the possible penalties, like probation, jail time, fines and fees. However, there are many collateral consequences of a criminal conviction that can impact your ability to obtain housing, get a job, or even qualify for student loans. Having a skilled lawyer to defend you against the charges can increase the likelihood of a favorable outcome, such as a reduction or dismissal of the charges. If you do have a conviction on your record, a criminal defense attorney in Rancho Cucamonga, CA may be able to petition a court to clear your conviction or file for expungement of your record.

At the Chambers Law Firm, we represent individuals throughout Southern California who have been charged with criminal offenses. We work hard to protect your rights and freedom. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.

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