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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.
An employer might check on information such as your work history, credit, driving records, criminal records, vehicle registration, court records, compensation, bankruptcy, medical records, references, property ownership, drug test results, military records, and sex offender information.
While employers are permitted to run background checks on applicants, they must adhere to California labor laws regulating when and how to conduct said background checks. Additionally, California law requires employers to disclose certain information after they run a background check.
Federal law does not prohibit employers from conducting background checks before an offer of employment is made. State laws, however, may have restrictions. Although in most states a standard background check can be conducted prior to an offer, a small number of states do not allow it.
California employers can run background checks on employees and job applicants, but there are laws regulating when and how they run the background checks. There are also things that California background check law requires an employer disclose after running a background check.
What causes a red flag on a background check? There are plenty of reasons a person may not pass a background check, including criminal history, education discrepancies, poor credit history, damaged driving record, false employment history, and a failed drug test.
What Can Be Disqualifying on a Background Check?Criminal History.Inconsistencies.Poor Credit History.Poor Employment History.Bad Driving Record.Review the Background Check Policy.Talk to the Candidate.Make a Decision.
In California, a background check results report will only show open cases and criminal convictions that are less than 7 years old. Arrests are not allowed to be disclosed unless the arrest is still open or it resulted in a conviction.
When do employers conduct background checks? Employers often perform background checks before extending job offers. A brief period in between a background check and a job offer is common because the results of a background check can result in an employer choosing to hire a different applicant.
California employers can run background checks on employees and job applicants, but there are laws regulating when and how they run the background checks. There are also things that California background check law requires an employer disclose after running a background check.