Understanding California Criminal Background Checks

A background check is when a company or employer screens your history, including a criminal history. They can also learn about your credit history, previous convictions, the schools you attended, and when you attended. Negative information on your background check could affect your life, making it hard to find a good job. You can use legal processes like expungement or asking for a pardon from the governor to remove that information.

What is a Background Check?

A background check is an investigation into an individual’s personal and criminal history usually performed by an investigative reporting agency. A background check aims to gather information that helps assess a person’s character, credibility, and potential risks associated with hiring or working with them.

What Information Shows Up On a Background Check?

A background check may disclose personal information, including:

• Personal details include full name, date of birth, and social security number.

• Employment history, including past employers and job titles.

• Education records, including degrees earned and institutions attended.

• Credit history, including credit scores and payment history.

• Driving records, including any traffic violations or license suspensions.

Criminal history information may include certain marijuana offenses, arrests, convictions, and pending charges. Certain criminal history information, such as sealed or expunged records, should not be accessible to employers during a background check.

How Far Back Does a Criminal Background Check Go in California?

The depth and scope of a criminal background check in California can vary depending on the purpose and type of check being conducted. Generally, background checks can go back as far as seven years, considering convictions and arrests.

What is the California 7-Year Rule?

The California 7-year rule refers to limitations on reporting certain negative information in a background check. According to this rule, criminal convictions older than seven years, excluding certain serious offenses, should not be included in a background check report.

What Sources of Personal Information Does a Background Check Pull From?

A background check gathers information from various sources, including criminal and non-criminal justice agencies. Criminal justice agencies, such as local police departments and the California Department of Justice, maintain records of arrests and convictions. Non-criminal justice agencies, such as educational institutions and employers, provide information related to education and employment history information.

Are Background Checks Legal in California?

Background checks are legal in California. However, laws are in place to protect individuals from unfair discrimination and ensure the proper handling of background check information.

California’s Ban the Box Law

California has implemented the “Ban the Box” law, Assembly Bill 1008 (AB 1008). This law restricts employers from asking about an applicant’s criminal history until a conditional job offer has been made.

The Los Angeles and San Francisco Fair Chance Ordinances

Los Angeles and San Francisco have additional regulations known as fair chance ordinances. These ordinances aim to reduce employment barriers for individuals with criminal records and require employers to follow specific guidelines when considering an applicant’s criminal history.

The Fair Credit Reporting Act (FCRA)

The Fair Credit Reporting Act (FCRA) is a federal law that governs the collection, dissemination, and use of consumer information, including background checks. It ensures that individuals are notified and have the opportunity to dispute inaccurate information in their background reports.

The California Information Privacy Act (CIPA)

The California Information Privacy Act (CIPA) establishes guidelines for collecting, storing, and disposing of personal information. It ensures that individuals’ privacy rights are protected when their personal data is obtained for background check purposes.

Anti-Discrimination Laws

Federal and state anti-discrimination laws prohibit employers from using an individual’s criminal history as the sole basis for employment decisions. Employers must consider factors such as the nature of the offense, the time that has passed since the offense, and its relevance to the job before making adverse employment decisions.

How Can a Person Clear Negative Information from Their Records?

If you have negative information on your record, legal processes are available in California to help clear or mitigate its impact. Increase your chances of clearing your criminal record by retaining a top criminal lawyer in Los Angeles.

Expungements

Under Penal Code 1203.4 PC, individuals who have completed their probation may be eligible for an expungement. This process allows the conviction to be dismissed and provides relief in certain situations.

Certificates of Rehabilitation

For individuals who have completed their sentences for more serious offenses, Penal Code sections 4852.01–4852.21 PC provide the opportunity to obtain a Certificate of Rehabilitation. This certificate demonstrates rehabilitation and can potentially improve employment prospects.

Governor’s Pardons

In exceptional cases, individuals can seek a pardon from the Governor of California. A pardon is official forgiveness for a crime committed and may restore certain rights and privileges.

Sealing Juvenile Records

Juvenile records can be sealed under Welfare and Institutions Code 781 WIC. Sealing the records helps individuals move forward without the burden of past mistakes affecting their future prospects.

Petitions for a Finding of Factual Innocence

Under Penal Code 851.8 PC, individuals who believe they were wrongfully arrested or charged can petition the court for a finding of factual innocence. If granted, this declaration can help clear their name and remove any negative information associated with the wrongful arrest or charges.

How Can I Check My Criminal Record in California?

If you want to check your criminal record in California, the process varies for residents and non-residents.

1. California Residents:

• Obtain and complete the BCIA 8016RR form.
• Visit a Live Scan location to get fingerprinted.
• Pay the required fee to the California Department of Justice.
• Submit the completed form, fingerprint card, and fee to the California Department of Justice.

2. Non-California Residents:

• Obtain and complete the BCIA 8705 form.
• Get fingerprinted at a local law enforcement agency.
• Send the completed form, fingerprint card, and $25 fee to the California Department of Justice.

For additional guidance or to discuss your specific case with a criminal defense attorney, it is recommended to consult a legal professional. They can provide personalized advice and help navigate the complex legal landscape of California criminal background checks.