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Meaning, under California law, it is against the law to ask an applicant any questions regarding an applicant's criminal history during interviews or on the job application itself.
The California Fair Chance Act was effective on Jan. 1, 2018. This law applies to private and public employers in California with five or more employees unless an exception applies. The Fair Chance Act prohibits employers from inquiring about an applicant's criminal history before making a conditional job offer.
Criminal records status is not a protected class. But adverse housing decisions based on a person's criminal record may violate the federal Fair Housing Act, which prohibits discrimination on the basis of race, national origin, and other protected classes.
3. How Far Back do Employment Background Checks go in California? In California, criminal convictions can only be reported for seven years.
CALIFORNIA RESIDENTS Use the Live Scan Form (Form BCIA 8016RR, pdf), (BCIA 8016RR Spanish, pdf). Check ?Record Review? as the ?Type of Application?. Enter ?Record Review? on the ?Reason for Application? line. Fill out all your personal information.
File control number (FCN), name (NAM) and sex (SEX), Criminal Identification Index number (CII), Federal Bureau of Investigations number (FBI), Social Security number (SOC), operator license number (OLN), originating agency case number (OCA), and warrant number (WNO).
As a general matter, California law prohibits employers from being able to ask about certain types of criminal information and criminal records. These include the following: In California statewide, it is unlawful for employers to ask for criminal information from an applicant, pursuant to ?ban the box? laws.
Criminal History Records are not subject to disclosure under the Public Records Act. In California, state and local summary criminal history information is confidential and access is strictly regulated by statute.