Run a Check in California

California Background Check Laws: What Employers Need to Know

California has some of the strictest background check regulations in the country, and getting them wrong can expose employers to real liability. Whether you're hiring in Los Angeles, San Francisco, San Diego, or Sacramento's tech, healthcare, agriculture, or entertainment industries, here's what applies if you're screening candidates or tenants in California.

Reporting Time Limits and Record Currency

Convictions can be reported for up to 7 years. Non-conviction information generally can't be reported, with an exception for pending charges. Criminal record data must also be current, pulling from a database alone isn't enough if it isn't concurrent with an onsite records search.

Tenant Screening Reporting Rules

For landlord and tenant screening use cases, evictions can generally only be reported when judgment was entered in favor of the landlord, and cannot be reported if the case was resolved by settlement.

Note: a California appellate court (U.D. Registry v. California, 34 Cal. App. 4th 107) found this reporting restriction unconstitutional under the state's anti-SLAPP statute. It's included here for completeness, but its current enforceability is unsettled.

Ban-the-Box Applies Statewide

Employers with more than 5 employees can't ask about or consider criminal history until after a conditional offer of employment has been made. Los Angeles and San Francisco layer on their own local ordinances on top of the state law, so employers in those cities have additional steps to follow.

What Employers Can't Ask About

• Arrests without a conviction
• Convictions that have been sealed, expunged, dismissed, or judicially set aside
• Non-felony marijuana convictions (28.5 grams or less) more than 2 years old
• Juvenile court records
• Sex offender registry information, unless the role involves working with an at-risk population

Credit Reports

Credit reports can only be used for specific, legally defined positions, and California requires that the candidate be told on the authorization form which position qualifies for credit reporting. This is one of the few states where the form itself has to reflect the specific role.

Salary History

Employers can't ask candidates about their salary history at any point in the hiring process, though candidates can still be asked what they expect to be paid.

Disclosure and Authorization Requirements

California requires a standalone disclosure form. It can't be combined with the authorization, which is different from the federal FCRA standard that allows the two to be combined.

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Pass-Through Fees for California Records

Fees are sourced from 3rd Degree Screening's published fee schedule and are subject to change without notice by the issuing agency.

Common Questions from California Employers

Does California have a Ban-the-Box law?

Yes. Employers with more than 5 employees can't ask about or consider criminal history until after a conditional job offer has been made, and Los Angeles and San Francisco each have additional local ordinances on top of the state law.

How long does a background check take in California?

California requires fingerprint-based searches for statewide criminal records rather than a simple name-based lookup, which can make statewide checks take longer than in states with an online name search option.

Can I use a credit report for any position in California?

No. Credit reports can only be used for specific, legally defined positions, and the position that qualifies must be stated on the candidate's authorization form.

This information is provided for informational purposes only and does not constitute legal advice. Laws and requirements may change and may vary based on specific facts and circumstances. Users should consult their own qualified legal counsel regarding their specific compliance obligations.