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May I record conversations in California? Is California a one-party or a two-party consent state?

No, you may not record a conversation in California unless all parties consent. California is a two-party consent state.

Under California Penal Code § 632, it is illegal to intentionally record a confidential communication without the consent of all parties involved. The statute states:

A person who, intentionally and without the consent of all parties to a confidential communication, uses an electronic amplifying or recording device to eavesdrop upon or record the confidential communication... shall be punished...

Violating this law can result in criminal penalties, including fines and imprisonment, and potential civil liability.

There are exceptions, like recordings made to gather evidence of certain crimes like extortion or kidnapping, as outlined in California Penal Code § 633.5. But these exceptions are narrow and specific.

Violating the law can be a serious matter. A California law firm's managing partner was convicted for violating it.

Workplace Considerations

Even if a recording were legal under state law, your employer may have policies prohibiting recordings in the workplace. Violating such policies could lead to disciplinary action or termination. Federal labor laws, particularly those enforced by the National Labor Relations Board (NLRB), may protect employees who record workplace conversations related to labor organizing or reporting misconduct. The NLRB's stance on these issues can vary depending on the federal administration, with Democratic administrations being far more likely to support workers' rights to record and organize.

Need Legal Advice?

If you're considering recording a conversation in California or have questions about your rights, it may be helpful to seek legal counsel. Contact The Chandra Law Firm LLC for guidance tailored to your situation.


Related Practice Areas
Employment DiscriminationEmployment RetaliationFirst AmendmentGovernment Ethics, Misconduct, Fraud, & AbuseLegal Ethics & Professional ResponsibilityWhistleblower Actions (False Claims Act)Wrongful TerminationWhistleblower Program of the U.S. Department of JusticeFirst Amendment Retaliation

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