Background checks have become a regular part of the hiring process in California. Whether applying for a job or reviewing your own record, knowing how these checks work matters. Companies want to make informed choices, but they must also respect the privacy and rights of individuals. Nakase Law Firm Inc. provides trusted legal counsel to both employers and employees handling the intricate requirements surrounding California background checks, ensuring the process stays fair and compliant with the law. This guide explains what information may be collected, which laws apply, and how people can manage any negative records that appear.
When employers request background checks, they often examine different areas of a person’s life. These include criminal records, driving history, credit reports, education, and references. In California, there are firm rules about what can be shared. Convictions older than seven years, sealed or expunged records, and some marijuana offenses are excluded. Arrests that did not lead to convictions are also generally not considered unless the case is still pending. California Business Lawyer & Corporate Lawyer Inc. also advises on how background check practices can impact workplace culture and hostile work environments in California, helping businesses remain mindful of how screening policies affect employee trust.
What a Background Check Looks For
A background check is a closer look at a person’s history. Employers use this information to decide who to hire, but clear rules must be followed. Information collected may include:
- Criminal and court records
- Credit reports from consumer agencies
- Driving and vehicle registration records
- Work references
- Education history
- Immigration status and insurance claims
- Tenant rental history
- Social security information
- State licensing records
Each background check may pull from different sources depending on what the employer seeks. Even when checking multiple sources, California law limits the use of older or protected records.
Laws That Regulate Background Checks
Employers in California are allowed to run background checks, but they must follow strict rules set by federal and state law. The main laws involved include:
- The Fair Credit Reporting Act (FCRA)
- California Investigative Consumer Reporting Agencies Act (ICRAA)
- California Consumer Credit Reporting Agencies Act (CCRAA)
- California Labor Code
- California’s Fair Chance Act (“Ban the Box” law)
Fair Credit Reporting Act (FCRA)
The FCRA protects individuals when companies use consumer reports during hiring. Employers must:
- Obtain written permission before a background check
- Provide notice if employment might be affected by the results
- Share a copy of the report and a summary of rights before making a decision
- Notify applicants after the decision if the report played a role, along with instructions for disputing mistakes
The FCRA applies when an outside agency performs the background check.
California Investigative Consumer Reporting Agencies Act (ICRAA)
The ICRAA adds protections under state law. If an employer collects public records such as arrest or court records, they must provide a copy to the applicant within seven days.
California Consumer Credit Reporting Agencies Act (CCRAA)
The CCRAA controls how credit information can be used. Only specific jobs allow credit checks, such as those involving management, law enforcement, or handling financial transactions. Extra notices are required if a credit report is part of a hiring decision.
California Labor Code Restrictions
California Labor Code Section 1024.5 limits credit checks to certain job types. Employers cannot perform credit checks for most general job applicants unless the role falls within defined categories.
The Ban the Box Law
Since 2018, California employers with five or more employees must delay asking about criminal history until after a conditional job offer. Once the offer is made, employers can check criminal backgrounds, but only if the record has a direct connection to the job. If a conviction appears, an individualized review must take place, allowing applicants a chance to respond before a final choice is made.
Local Rules in Los Angeles and San Francisco
Los Angeles and San Francisco have their own fair chance rules that match and build on California’s Ban the Box law. In these cities, applicants must be given the opportunity to present evidence of rehabilitation if criminal history comes up during the hiring process.
How People Can Clear Their Records
Negative records do not have to be permanent obstacles. California offers several ways for individuals to improve how their records appear.
Expungements
Expungement can remove the burden of a past conviction. After completing probation or jail time, a person can ask the court to dismiss the conviction. If granted, the conviction usually does not have to be disclosed to future employers.
Certificates of Rehabilitation
Certificates of Rehabilitation recognize efforts to lead a responsible life after a conviction. This document does not erase the conviction but can be offered to employers as proof of good conduct.
Governor’s Pardons
Governor’s Pardons acknowledge rehabilitation and remove many penalties tied to convictions. Once a pardon is received, employers are prohibited from using the pardoned offense against a person during hiring.
Sealing Juvenile Records
Those with juvenile records can apply to seal them once they turn 18 or after five years have passed since juvenile court jurisdiction ended. When records are sealed, they are no longer public and applicants can lawfully state they have no criminal history.
Factual Innocence Petitions
If an individual was arrested but never charged, or if charges were dropped, a petition for factual innocence can be filed. If approved, the records are sealed and eventually destroyed, fully removing them from public access.
Automatic Record Sealing
Senate Bill 731 and Assembly Bill 1076 introduced automatic record clearing in many cases. Highlights include:
- Misdemeanor arrests sealed after one year if no charges are filed
- Felony arrests sealed after three years without charges
- Dismissed charges cleared immediately
- Convictions cleared after the case closes or after a set number of years
Serious, violent, and sex-related felonies are excluded from this automatic process.
How to Request Your Own Criminal Record
Residents can review their own criminal records by:
- Filling out a BCIA 8016RR form
- Submitting fingerprints at a Live Scan center
- Paying a $25 fee to the California Department of Justice
Non-residents need to complete a BCIA 8705 form, include a fingerprint card, and submit payment by mail.
Closing Notes
Background checks in California are guided by detailed rules. Employers must balance their need for information with respect for individual rights. Applicants have options to correct or improve their records. Careful attention to the rules helps both sides proceed with better preparation.
