This document outlines the federal and state legal standards an employer must follow when requesting a consumer credit report or a background investigation on an employee or potential employee.
California Employer's Summary of FCRA Investigation Reports
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State:
California
Control #:
CA-JM-0001
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Word
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FAQ
2022 You have the right to know what is in your file.report; 2022 you are the victim of identity theft and place a fraud alert in your file; 2022 your file contains inaccurate information as a result of fraud; 2022 you are on public assistance; 2022 you are unemployed but expect to apply for employment within 60 days.
Nearly all background checks include a criminal-history check, based on information supplied by the candidate, including their Social Security number. Criminal background checks will reveal felony and misdemeanor criminal convictions, any pending criminal cases, and any history of incarceration as an adult.
The FCRA defines a consumer report as any written or oral communication that meets all of the following conditions:220e It bears on a consumer's creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living.
(e) The term "investigative consumer report" means a consumer report or portion thereof in which information on a consumer's character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with
The FCRA gives you the right to be told if information in your credit file is used against you to deny your application for credit, employment or insurance. The FCRA also gives you the right to request and access all the information a consumer reporting agency has about you (this is called "file disclosure").
A credit report is a specific type of consumer report used for lending, while the broader term "consumer report" could be used to describe things like your driving history or criminal record.
Employers should be aware that California law generally limits an investigative consumer report inquiry regarding public records to the past seven years (10 years for bankruptcy filings).
When you apply for a job, your prospective employer may use a consumer report to evaluate you as a potential employee. A consumer report is a collection of documents that may include credit reports, criminal and other public records such as bankruptcy filings, and records of civil court procedures and judgments.
Finally, if the furnisher determines that the disputed information is inaccurate or incomplete or cannot be verified, the furnisher must promptly modify or delete the information or permanently block the reporting of that information.