California Background Check
Individuals, employers, and volunteers can conduct background checks in California, by going to the California government site and filing out the necessary forms below. Due to the state and local laws, some background checks may require fingerprints. Although some professions, like healthcare, government and state employees require fingerprinting, please refer to your potential employer for the need for fingerprints.
How to conduct a California background check?
Individuals, employers, and volunteers can order an electronic California background check by filling out the form on our site. Here is a step by step guide:
- Visit our site to order an California Background Check.
- Fill out all the necessary information on the custom background check form.
- Click the state criminal search checkbox under the zip code text field.
- Select California under the state criminal search checkbox.
- Fill out card details. We accept Visa, Visa Electron, Discover, JCB, Diners, and American Express.
- Click the checkbox I Agree to the Terms and Conditions.
- Click captcha.
- Click Order Now.
- Done! You will be redirected to our homepage and your report will be emailed to the email provide in the background check inquiry.
How much does a California background check cost?
Depending on the type of background check in question the prices may vary. Our electronic California criminal records search is $20.00. While conducting a fingerprint background check, the prices may vary from place to place.
How long does it take to get the results from a California background check?
Turnaround time can range from 24 hours to four weeks.
What’s the difference between an online California background check and a California fingerprint background check?
The California online background check is an electronic name based search from the state of California criminal record database and the results are returned quicker. The California fingerprint background check is essentially the same background check except an individual must go to a physical fingerprinting location and complete get their fingerprints taken by a certified fingerprint technician. The California fingerprint background check turnaround time have longer wait times.
Where can I get a fingerprint in California?
Individuals may check local background check companies in the state of California that conduct fingerprints by a certified fingerprint technician. Individuals can also visit California state police and local law enforcement departments to conduct fingerprints.
California Background Check Laws
As background check laws are always changing, we look to always keep up to date for all the California background check laws. Please consult your attorney on legal advice about California background check laws. The state of California implements state laws that restrict employer use of criminal records. Here, you can view the California Background Check Laws. California has the ban-the-box law in place for public sector jobs.
CA Civil Code (Investigative Consumer Reporting Agencies Act) 1786.18 (a) (7) and (b) Obligations of Investigative Consumer Reporting Agencies
Under the CA Civil Code (Investigative Consumer Reporting Agencies Act) 1786.18 (a) (7) and (b) Obligations of Investigative Consumer Reporting Agencies, any arrest records, indictments, misdemeanors, indictments, and convictions older than 7 years are required by law, not to be reported in the state of California. Also, any pardon granted or arrest that did not lead to a conviction by law cannot be reported. Pending criminal charges may be reported.
CA Labor Code 432.7
In California, under the CA Labor Code 432.7 employers(that includes private or public) cannot ask a potential job applicant about, or make an employment decision based on: (1) charges that did not result in a conviction; (2) pre-trial or post-trial diversion programs; (3) dismissed or sealed convictions. Employers may still ask potential job applicants about criminal charges that are still pending.
CA Civil Code (Consumer Credit Reporting Agencies Act) 1785.20.5. – Disclosure – Copy of Report
Under the CA Civil Code (Consumer Credit Reporting Agencies Act) 1785.20.5. – Disclosure – Copy of Report, when employers begin the process of running a credit report they are required to: (1) inform the applicant that a credit report could affect the employer’s hiring decision, (2) reveal the origin of the credit report, (3) and must allow the applicant to receive a free a complementary free copy of the report on request from the applicant. If the applicant requests a copy of the credit report, a copy must be sent to both the applicant and employer at the same time.
Under, CA law 1786.11., consumer reporting agencies are required to save all reports conducted for at least two years.
Cal. Labor Code 222.5
In accordance, the Cal. Labor Code 222.5, states employers cannot require an applicant pay the costs associated with employment drug testing.
[CA Labor Code §1024.5, Part 2, Division 2 of the Labor Code]
Under the, [CA Labor Code §1024.5, Part 2, Division 2 of the Labor Code], employers in the state of California, are only permitted to make employment decisions if the position is (1) a managerial position, (2) a position in the State California Department of Justice; (3) law enforcement positions; (4) required by law to include a credit report; (5) a position in which the applicant will work regularly with individuals’ sensitive personal information; (6) a position in which the applicant will have fiduciary responsibilities on behalf of the employer or business in question; (7) a position in which the applicant will have access to trade secrets and other valuable business information; (8) a position in which the applicant will have access to cash or monetary value of $10,000 or more.
A Health and Safety Code §11361.5
In accordance to, A Health and Safety Code §11361.5, misdemeanor marijuana convictions that are longer than two years old are considered inaccurate not up to date. Under this act, marijuana convictions cannot be reported by consumer reporting agencies or CRA.
Senate Bill AB 1676
The Senate Bill AB 1676, prohibits salary history inquires and reliance on an applicant's salary history as a factor in determining whether to offer employment or determining salary to offer for employment. If requested, employers must provide candidates with a "pay scale" for the position in question.
State Laws of Public and Private Companies
All employers with at least 5 employees, regardless of employee location must follow these background check rules.
Adverse action implications:
Use of criminal records: Employers that employ more than 5 employees are prohibited by CA law, from using an candidate’s criminal history in employment decisions if doing so would have an adverse impact on individuals,
- the employer cannot prove such a use is job-related and consistent with business necessity; or
- the screening and hiring policy in question must be the least discriminatory method for achieving a business's need
Consideration of specific criminal records: This law prohibits employers from considering the use of following criminal records:
- Arrest or detention that did not result in conviction
- Referral to or participation in a pretrial or post-trial diversion program
- A conviction that has been dismissed or ordered sealed, expunged or statutorily eradicated pursuant to law
- Juvenile records
- A non-felony conviction for possession of marijuana that is two years old or longer.
Pre-adverse action notices: Employers are required to inform candidates of the specific offense or offenses that may lead to an adverse hiring decision with a pre-adverse action notice.
Individualized assessment strongly encouraged: Employers are required demonstrate that the screening policies are related to the job in question and consistent with business needs. Performing the individualized assessments are the simplest path to compliance.
Written on 2021-01-31 00:26:20 by larry coleman