Employers in California often perform background checks to verify a candidate’s qualifications, confirm professional licenses, review criminal and driving records, and more. Before initiating a background screening, it’s essential for employers to familiarize themselves with the legal requirements in California to ensure full compliance.

Pre-employment background checks provide valuable information, such as work history, education, and criminal records, to assist employers in making informed hiring decisions. Given the strict regulations in California governing background checks, it’s crucial that employers comply with all relevant federal, state, and local laws throughout the screening process. This guide explains the types of background checks commonly used in California, the information they reveal, and the laws that regulate their use.

What Is a California Background Check?

A California background check involves searching public records (e.g., court or motor vehicle records) and private records (e.g., school or employer records) to gather pertinent information about a candidate. The scope of these checks varies depending on federal, state, and local regulations, as well as the industry and role in question.

Common types of employment background checks in California include criminal background checks, employment and education verification, drug screenings, civil court checks, and driving record reviews.

What Information Can a California Background Check Reveal?

The results of a background check in California depend on the type of screening conducted and how extensive the search is. Employers may receive different information depending on whether they conduct the check themselves or through a Consumer Reporting Agency (CRA). Here are the most common findings:

• Criminal History Checks: May reveal felony and misdemeanor convictions, ongoing criminal cases, arrest warrants, infractions, and registration as a sex offender.
• Employment Verification: Confirms past employment, including job titles and dates of employment.
• Education Verification: Validates educational qualifications, such as degrees earned, dates of attendance, and graduation details.
• Driving Record Checks: Provides driver’s license status, driving-related convictions (e.g., DUIs), traffic violations, and accident history from the California Department of Motor Vehicles.
• Employment Credit Checks: Reviews a candidate’s credit history, including bankruptcies, payment patterns, and collections. However, in California, credit checks are limited to certain roles (e.g., financial, managerial, or law enforcement positions).
• Civil Court Checks: Scans court records for civil disputes, liens, and bankruptcy filings.
• Drug Testing: Screens for illegal or prescription drug use but can only be conducted in California after a conditional job offer has been made. The state allows both medicinal and recreational marijuana use, which may affect drug screening outcomes.
• Healthcare Sanctions Checks: Identifies any sanctions, suspensions, or disciplinary actions taken against healthcare professionals.

How to Conduct a Background Check in California

Employers can either conduct background checks on their own by accessing public records or work with a Consumer Reporting Agency (CRA) to manage the screening process. While public records can be accessed through online databases, courts, and government offices, conducting these checks independently can be time-consuming.

Alternatively, using a CRA like Identify Background Checks can streamline the background check process, offering quicker and more thorough results. CRAs have access to numerous databases and can complete screenings, such as criminal record checks and National Sex Offender Registry checks, often within a day.

How Long Does a Background Check Take in California?

The time required for a background check in California varies depending on the type of screening and whether it is conducted internally or through a CRA. Most checks are completed within a few days, but some may take up to a week. Here are the average time frames for various types of background checks:

• Criminal Background Check: 1-3 days
• Driving Record Check: 1 hour to 1-3 days
• Employment/Education Verification: 2-7 days
• Drug Testing: 3-10 days
• International Background Check: 1 week

Partnering with a CRA can expedite the process and provide more consistent turnaround times.

How Far Back Do Background Checks Go in California?

In California, the lookback period for background checks depends on the type of screening and applicable laws. For example, under the Investigative Consumer Reporting Agency Act (ICRAA), CRAs cannot report convictions older than seven years or disclose non-conviction records. Additionally, the reporting of misdemeanor marijuana convictions is restricted to a two-year lookback period. Some felony convictions may also be expunged and not included in background checks.

The Fair Credit Reporting Act (FCRA) imposes similar restrictions, limiting the reporting of non-conviction information to seven years. However, these limitations do not apply if the candidate’s salary exceeds $75,000 or if employers conduct their own checks.

How Much Does a Background Check Cost in California?

The cost of a background check in California varies depending on the type of screening and whether it is handled internally or by a CRA. Employers conducting their own checks face fees for accessing public records, which can add up quickly. For example, Live Scan fingerprint checks required for certain roles, such as childcare or healthcare, cost $42 or more per candidate.

Working with a CRA can be more cost-effective and efficient, with comprehensive packages starting around $29.99.

California Employment Background Check Laws

California has several laws that regulate employment background checks:

• Investigative Consumer Reporting Agency Act (ICRAA): Limits background checks to a seven-year lookback period for convictions and prohibits reporting non-conviction records, dismissed cases, or expunged convictions.
• San Francisco Fair Chance Ordinance: Requires employers to wait until after a conditional job offer to inquire about criminal history. It also prohibits considering certain types of criminal records, such as arrests without convictions and juvenile offenses.
• Los Angeles Fair Chance Initiative for Hiring Ordinance (FCIHO): Similar to San Francisco’s ordinance, it mandates that employers delay criminal history inquiries and provide an opportunity for candidates to appeal if a job offer is withdrawn due to their criminal history.

Employers must also comply with federal laws like the Fair Credit Reporting Act (FCRA), which governs how background checks are conducted and disclosed.

Partnering with a CRA can help employers navigate these regulations and ensure compliance.