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California law follows the FCRA's general seven-year rule as the limit for reporting most negative information on an employment background check. In California, criminal convictions can only be reported for seven years unless another law requires employers to look deeper into your background.
FCRA Authorization: Obtain Permission for a Background Check A compliant FCRA authorization form is an acknowledgement that a pre-employment background check will be conducted. It can be presented as a self-contained document or jointly with an FCRA disclosure form.
Get written permission from the applicant or employee. This can be part of the document you use to notify the person that you will get a consumer report. If you want the authorization to allow you to get consumer reports throughout the person's employment, make sure you say so clearly and conspicuously.
Anytime an employer requests a consumer report on an applicant or employee, obligations under the FCRA are triggered. Consumer reports can include a broad range of categories, including driving records, criminal records, credit reports, and other reports from third parties, such as drug tests.
Employers routinely obtain consumer reports that include the verification of the applicant/employee's Social Security number; current and previous residences; employment history, including all personnel files; education; references; credit history and reports; criminal history, including records from any criminal
An investigative consum- er report under the California Investigative Consumer Credit Reporting Agencies Act is defined as a consumer report in which in- formation on a consumer's character, general reputation, personal characteristics or mode of living is obtained through any means.
Consumer reports typically include an individual's credit history and payment patterns, demographic and identifying information, and public records information, such as arrests, judgments, and bankruptcies.
Unlike federal law, California law also requires new consent each time an investigative report is sought during employment if the report is for purposes other than suspicion of wrongdoing or misconduct. Employers must provide the applicant or employee with the opportunity to request a copy of the report.
What is a Consumer Report? A consumer report contains information about your personal and credit characteristics, character, general reputation, and lifestyle. To be covered by the FCRA, a report must be prepared by a consumer reporting agency (CRA), a business that assembles such reports for other businesses.
Employment background checks also are known as consumer reports. They can include information from a variety of sources, including credit reports and criminal records.