Amendments to San Francisco's Fair Chance Ordinance took effect on August 10, 2026. They add deadlines to the steps after a candidate responds to a preliminary notice, and extend protection to certain out-of-state criminal records.
What changed
Acknowledging a response. When a candidate responds to a preliminary notice within the seven days the ordinance allows, the employer must acknowledge the response within 14 days and reconsider its decision.
Final notice. Any final adverse notice goes out within 30 days of the candidate's response, or within 30 days of the preliminary notice if there was no response.
Out-of-state records. The amendments protect certain criminal records from other states that employers may not consider in San Francisco.
What stays the same
The ordinance covers employers with five or more employees, for jobs with at least eight hours a week in the city. Employers check criminal history only after a conditional offer, can't consider convictions older than seven years except for specified roles, and give candidates seven days to respond. California's statewide Fair Chance Act applies as well.
What employers should do
- Add the two deadlines to the adverse action workflow: 14 days to acknowledge, 30 days to send the final notice.
- Train reviewers on out-of-state records that can't be considered in San Francisco.
- Keep both clocks. Track the city's timeline alongside the five business days under the California Fair Chance Act.
All California background check rules for employers →
FAQ
How long does a candidate have to respond in San Francisco?
Seven days after the preliminary notice. The employer then has 14 days to acknowledge a timely response.
Does the state Fair Chance Act still apply in San Francisco?
Yes. Employers in San Francisco follow both the city ordinance and the California Fair Chance Act.