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Many employers undertake background screenings to validate a candidate’s credentials and expertise, authenticate professional licenses, examine criminal and driving histories, among other verifications. Prior to conducting a background check in California, it is crucial for employers to acquaint themselves with pertinent legal requirements to ensure compliance.

Conducting pre-employment background checks can assist California employers in making informed hiring choices by furnishing vital details about a candidate’s employment history, educational background, criminal record, and additional factors. Due to the stringent regulations governing employment background checks in California, it is imperative that employers uphold compliance with relevant federal, state, and local statutes throughout their background screening procedures. This guide on California state background checks delves into the diverse array of background checks frequently utilized by employers in California, the scope of information that these checks can disclose, and the pertinent laws that must be observed when conducting pre-employment background checks in the state.

What Is A California Background Check?

In California, a background check encompasses searching through public records, like court or motor vehicle records, as well as private sources such as employer or school records, to gather pertinent details about a prospective employee. The types of California background checks conducted by employers vary widely, influenced by federal, local, and state regulations, as well as the industry and position being pursued.

Among the prevalent types of employment background checks in California are criminal background checks, civil court checks, verification of employment and education history, drug screening examinations, and reviews of driving records.

What Does A Background Check Show In California?

In California, an employee background check can yield various outcomes, including criminal records, work history, driving records, and more. The results hinge on the type of screening conducted and the breadth of the search, such as whether it covers solely California court records or extends to multiple states. Typically, outcomes obtained through a self-conducted background check may be more restricted compared to those acquired through engagement with a consumer reporting agency (CRA).

Here’s an overview of common findings employers may encounter from a California state background check:

• Criminal History Checks: These may reveal misdemeanor and felony convictions, ongoing criminal cases, active warrants, infractions, and whether the individual is a registered sex offender, alongside any adult incarceration history.
• Employment Verification: This can confirm past employment dates and job titles.
• Education Verification: It validates attendance dates at educational institutions, degrees attained, and graduation dates.
• Driving Record Checks: These searches through the California Department of Motor Vehicles’ records provide details such as driver’s license class and status, driving-related convictions like DUIs, accident reports, and traffic violations, suspensions, or restrictions.
• Employment Credit Checks: They offer insights into a candidate’s credit history, payment patterns, bankruptcies, and accounts in collections. However, in California, their use is limited to certain job types such as managerial roles, law enforcement, or positions involving access to significant funds during work hours.
• Civil Court Checks: These scans through federal, upper, and lower civil court records uncover civil disputes and bankruptcy filings, often relevant for management or financially oriented roles.
• Drug Screening: This identifies potential usage of specific prescription or illicit drugs, although in California, it’s permissible only after extending a conditional job offer. Notably, both medicinal and recreational marijuana use are legal in the state.
• Healthcare Sanctions Checks: They delve into national databases to disclose penalties, suspensions, or disciplinary actions taken against healthcare professionals.

California background check laws govern the utilization of criminal history, credit reports, drug testing, and salary history in employment decisions, with some local regulations potentially imposing stricter requirements. Whether information on a background check can disqualify candidates from employment depends on various factors such as organizational policies, role responsibilities, and industry regulations. Common reasons for disqualification include criminal records, adverse driving history, falsified education or employment details, and positive drug test results, contingent upon the nature of the offense, local laws, and job requirements.

How To Get A Background Check In California

Employers seeking a California background check have the option to conduct their own search of public records or enlist the services of a Consumer Reporting Agency (CRA) to manage the screening procedure. While it’s possible to perform an online background check in California, utilizing government databases, filling out forms, submitting requests for public records via mail, reviewing court records, and reaching out to former employers can prove to be time-consuming tasks. In contrast, collaborating with a reputable background check provider is generally more efficient than attempting a do-it-yourself approach.

Employing a CRA such as Rapid Hire Solutions for background checks can streamline the screening process and HR workflows, expediting the hiring process. Rapid Hire Solutions possesses access to multiple databases, enabling swift searches of public records and completion of screenings, including criminal records checks and National Sex Offender Registry checks, often within a day. Additionally, our platform features workflows designed to facilitate compliance with California’s continuously evolving laws.

How Long Does A Background Check Take In California?

The duration of a background check in California can vary from a few minutes to a week or even longer, although most screenings typically conclude within a few days. Several factors influence the duration, including the type of background check, the specifics of the information sought, the source of that information, and whether the search is conducted independently or through a qualified Consumer Reporting Agency (CRA).

Outlined below are average time frames for different types of background checks, offering a general reference:

To expedite the turnaround times, many employers opt to collaborate with a background check provider like Rapid Hire Solutions. The Rapid Hire Solutions platform streamlines manual processes, providing visibility into report progress, estimated completion times, and automatic notifications upon result availability.

How Far Back Do Employment Background Checks Go In California?

The extent to which a pre-employment background check in California can delve into an individual’s history hinges on various factors, including the type of screening conducted and whether it is facilitated by a Consumer Reporting Agency (CRA) or pursued independently.

Additionally, several statewide laws exert influence over the lookback period of a California background check. For instance, the Investigative Consumer Reporting Agency Act (ICRAA) prohibits CRAs from disclosing non-conviction records, including non-pending arrests, indictments, and misdemeanor charges, or convictions surpassing seven years. Moreover, the Uniform Controlled Substances Act prohibits CRAs from reporting misdemeanor marijuana convictions older than two years. Furthermore, certain felony convictions may be automatically expunged if specific conditions are met, rendering them untraceable in a criminal record check in California.

Employers partnering with a CRA, such as Rapid Hire Solutions, must adhere to the federal Fair Credit Reporting Act (FCRA). This legislation restricts the reporting of non-conviction information to a seven-year lookback period, encompassing most credit report data, civil judgments, and tax liens. Bankruptcies may be reported for up to 10 years, while criminal convictions can be reported indefinitely. However, it’s important to note that California state law can influence the scope and duration of employment background checks and the information that can be disclosed.

It’s worth mentioning that if employers conduct searches themselves or if a candidate’s expected salary exceeds $75,000, FCRA limitations may not apply.

How Much Does A Background Check Cost In California?

The expense of conducting an employee background check in California varies depending on the type of search and whether it’s carried out by the employer or a Consumer Reporting Agency (CRA). Employers opting to handle their own background screenings incur costs for each record accessed, which can accumulate rapidly. For instance, positions requiring heightened security, such as childcare, healthcare, or financial roles, may necessitate Live Scan fingerprint checks, which typically cost $42 or more per candidate. Moreover, courthouses may impose fees for accessing public records, and conducting searches across multiple jurisdictions where a candidate has resided can further escalate expenses.

Apart from fees associated with public record searches, conducting in-house background checks also consumes valuable time for your HR team. Hours invested in making phone calls, following up on requests, completing forms, and physically visiting courthouses detract from the time available for more strategic endeavors. Collaborating with a reputable CRA like Rapid Hire Solutions can render background screenings both more cost-effective and efficient. Comprehensive background check packages start at $29.99, offering affordability without compromising on thoroughness.

California Employment Background Check Laws

• The following California background check laws apply statewide.
  

  INVESTIGATIVE CONSUMER REPORTING AGENCY ACT (ICRAA)

  The ICRAA mirrors the federal Fair Credit Reporting Act (FCRA) but introduces additional mandates. Notably, it restricts employers to conducting background checks in California spanning a maximum of seven years. Under the ICRAA, Consumer Reporting Agencies (CRAs) are generally prohibited from furnishing background reports containing convictions older than seven years, charges or arrests without resulting convictions, or any records of sealed, dismissed, or expunged convictions. However, reports may include information regarding pending criminal cases. These limitations typically apply irrespective of the anticipated salary for the position.