California Background Check Laws You Should Know
California combines federal protections with some of the strongest
state-level rules in the United States. Understanding these laws
helps you know what should and should not appear in a background
check.
Federal Laws That Affect California Background Checks
Fair Credit Reporting Act (FCRA)
The FCRA is the main federal law that regulates background checks
for employment and other purposes. It requires:
-
Clear written disclosure and your written consent before a
background check
-
A “pre-adverse action” notice and copy of the report if an
employer may take negative action based on the report
-
A final adverse action notice if they decide not to hire or
promote you because of the report
- The right to dispute incomplete or inaccurate information
Title VII of the Civil Rights Act
Title VII prohibits discrimination based on race, color, religion,
sex, or national origin. The Equal Employment Opportunity Commission
(EEOC) has issued guidance explaining that employers should evaluate
criminal records individually, considering the nature of the
offense, the time passed, and its relevance to the job.
Fair Chance to Compete for Jobs Act (Federal “Ban the Box”)
For federal agencies and certain federal contractors, this law
delays criminal history inquiries until after a conditional job
offer has been made.
Key California Background Check Laws
ICRAA and CCRAA
The Investigative Consumer Reporting Agencies Act (ICRAA) and
Consumer Credit Reporting Agencies Act (CCRAA) are California’s main
background check laws. Together, they:
-
Require clear written notice and authorization before ordering a
report
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Limit reporting of criminal convictions to the last seven years
-
Prohibit reporting of many non-conviction records (such as arrests
that did not lead to conviction)
-
Provide additional rights around credit reports and investigative
reports
Seven-Year Reporting Limit in California
Unlike federal law, which includes a salary threshold, California
generally limits reporting of many negative items to seven years,
regardless of income level. This includes most criminal convictions,
civil judgments, collections, and similar adverse information.
Non-conviction records are heavily restricted, with limited
exceptions for pending charges.
California Consumer Privacy Act (CCPA/CPRA)
The CCPA and its amendments expand your privacy rights. Among other
things, you may have the right to request access to certain personal
information held by businesses, including background check data, and
to understand how it is collected and used.
California Labor Code 432.7
California Labor Code 432.7 limits what employers can ask you about.
In general, employers may not ask about:
- Arrests that did not lead to a conviction
- Dismissed or sealed records
- Certain diversion program outcomes
They may ask about pending charges, subject to other state and local
laws.
California Fair Chance Act (Statewide “Ban the Box”)
Most California employers with five or more employees cannot ask
about criminal history until after they have made a conditional job
offer. If they later find a record they are concerned about, they
must conduct an individualized assessment and give you a chance to
respond before making a final decision.
Expungement and Clean Slate Provisions
California law allows many older and lower-level convictions to be
dismissed, expunged, or automatically sealed. In general, expunged
or sealed records cannot be used in employment background checks. If
you think your case qualifies, you may want to speak with a
qualified attorney or legal aid organization about options for
clearing or sealing your record.
Restrictions on Cannabis-Related Employment Decisions
California has passed laws limiting how employers can use
information about legal, off-duty marijuana use when making hiring
decisions, with exceptions for certain safety-sensitive or federally
regulated positions.
Important: Background check laws change over time
and can vary by city or county. Always verify current requirements
and consult legal counsel if you need advice about a specific
situation.