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California's ban the box law prohibits employers from inquiring into an applicant's criminal history before making a conditional offer of employment. Even after making an offer of employment, an employer cannot deny the applicant because of a conviction without making an individualized assessment.
The answer is YES! Companies have the right to screen both new hires AND current workers, but they must follow the rules. Here's a brief overview of the background check process for current employees.
Can Employers Ask About Misdemeanors in California? There is no bright-line rule that prohibits employers from being able to ask a job applicant about misdemeanors, as long as the misdemeanor resulted in a conviction.
The applicant must provide written consent for the background check. If the pre-employment check is compulsory for hiring, the business must state it clearly in their written policies. The employee has the right to be notified about checks being conducted about their reputation, lifestyle, history, or character.
Under California law, arrest and conviction records that are more than seven years old cannot be included on a background check report. In general, these laws apply when an employer hires a third party to conduct the background check, not when it conducts the investigation in-house.
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.
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.
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.
Ethicallyand often legallyyou should always obtain permission before screening anyone. So the short answer is no, you can't run a background check without permission.