CALIFORNIA BACKGROUND SCREENING

Background checks are a common part of the hiring process for many employers in California. However, there are a number of laws that govern how employers can use background checks.

Federal Laws

Employers in California are subject to the Fair Credit Reporting Act (FCRA), which is a federal law that regulates the use of consumer reports, including background checks. The FCRA requires employers to:

  • Provide applicants with a copy of their credit report before making an adverse decision based on the report.
  • Provide applicants with an opportunity to dispute any inaccurate or incomplete information in their credit report.
  • Not discriminate against applicants based on their credit report.

State Laws

In addition to the FCRA, employers in California are also subject to the following state laws:

  • The California Fair Employment and Housing Act (FEHA) prohibits employers from discriminating against applicants based on their race, color, religion, sex, national origin, age, or disability.
  • The California Public Records Act (CPRA) allows applicants to request a copy of their criminal history record from the California Department of Justice (DOJ).
  • The California Fair Chance Act (also known as “ban the box”) prohibits employers from asking about criminal history on job applications for most employers with five or more employees.

Employer Obligations

Employers in California have a number of obligations when conducting background checks. These obligations include:

  • Obtaining written consent from applicants before conducting a background check.
  • Limiting the scope of the background check to information that is relevant to the job.
  • Obtaining the background check from a reputable source.
  • Providing applicants with a copy of the background check report before making an adverse decision based on the report.
  • Not discriminating against applicants based on the information in the background check report.

Applicant Rights

Applicants in California have a number of rights when it comes to background checks. These rights include:

  • The right to be informed about the nature and scope of the background check.
  • The right to dispute any inaccurate or incomplete information in the background check report.
  • The right to be provided with a copy of the background check report before an adverse decision is made.
  • The right to not be discriminated against based on the information in the background check report.

Conclusion

Background checks are a common part of the hiring process for many employers in California. However, there are a number of laws that govern how employers can use background checks. Employers who fail to comply with these laws may be subject to legal action. Applicants also have a number of rights when it comes to background checks. It is important for employers and applicants to be aware of these laws and rights in order to avoid any problems.

California Ban the Box Laws

The California Fair Chance Act (also known as “ban the box”) prohibits employers from asking about criminal history on job applications for most employers with five or more employees. The law applies to all job applications, including online applications.

The ban the box law does not prevent employers from conducting background checks. However, it does require employers to wait until after they have made a conditional offer of employment before they can ask about criminal history.

The ban the box law is designed to give applicants with criminal histories a fair chance at employment. It allows applicants to explain their criminal history in person, after they have been offered the job.

If you are an applicant with a criminal history, you may want to consider applying for jobs in California. The ban the box law may give you a better chance of getting hired.

Here are some additional things to keep in mind about background checks in California:

  • Employers are not allowed to ask about arrests that did not lead to convictions.
  • Employers are not allowed to ask about convictions that have been expunged or sealed.
  • Employers are not allowed to discriminate against applicants based on their criminal history unless the conviction is directly related to the job.

If you believe that an employer has discriminated against you based on your criminal history, you can file a complaint with the California Department of Fair Employment and Housing (DFEH). You can also file a lawsuit in state or federal court.


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Bankruptcies – Our Bankruptcy Filings search covers all filings from US Bankruptcy courts. Filings are updated daily. Types of cases represented: Chapter 7, 9, 11, 12, 13 Schedule 341/Trusteeship.


Criminal Background Check – Our criminal record check may search national, federal, state, and county databases to provide information about a candidate’s criminal history.


E-Verify – Verifies the legal status and employment eligibility of a potential employee.


Education Verification – Verifies a candidate’s certifications or educational claims


Employment Verification – Employment verification can confirm that a candidate brings the work experience they claim on their resume.


Live Scan Fingerprinting – Inkless technology that sends digitized data to the State Police and/or the FBI.


Motor Vehicle Records  –  A Motor Vehicle Report background check provides information about a candidates driving history, accidents, traffic violations, license suspensions and vehicular crimes.


National/State Criminal Records – Provides instant searches from its database of Criminal Records covering the most populated states. These databases are maintained and updated regularly from records acquired from government agencies. There are over 700 million criminal records available. Each database contains felony convictions.


SSN Validation – Provides instant verification of when and where the SSN was issued.


SSN Trace – Search the Social Security Number of an applicant or potential employee or tenant. Protect against fraud and identity theft!  Our SSN Trace enables you to obtain identifying information for social security numbers from the nation’s largest and most accurate information sources available. Trace reveals name, date of birth, other names and DOB’s associated with the SSN, current address, previous addresses, counties lived in, SSN’s validity and deceased check. You have the advantage of checking your records for SSN validity, identifying numbers that have never been issued and those assigned to persons reported deceased before searching other databases for other information.


Sex Offenders (with pictures) – Each state is required to maintain and regularly update current addresses on persons convicted of sex-related offenses since 1994, including aggravated sexual assault, sexual assault, aggravated criminal sexual contact, kidnapping and various other violent crimes against children. These records generally show the offender’s name, date of birth or age, description of offense and last registered address. You can search by name, name and date of birth, city, state or by zip code. Coverage includes all 50 states and most have pictures.

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Background Information Data Submission

Please use the below fields to submit the information required for conducting a background check. To use this tool, you must first be registered as a client and assigned a client account number. Prior to performing the check an invoice will be emailed to you, and payment by credit card must be completed. Please see our Terms & Conditions for complete information.

Basic Package

SSN Verification

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SSN Trace

National Criminal Record Trace

Cost for Package: $18.95

Intermediate Package

SSN Verification

Sex Offender Search

SSN Trace

National Criminal Record Trace

Verification of Employment

Statewide Search

Cost for Package: $49.99

Advanced Package

SSN Verification

Sex Offender Search

SSN Trace

National Criminal Record Trace

Verification of Employment

Verification of Education

Verification of Profession Credentials

Statewide Search

County Search

(limit of search: 1 county)

Cost for Package: $79.99

More Service Details

Bankruptcies - Our Bankruptcy Filings search covers all filings from US Bankruptcy courts. Filings are updated daily. Types of cases represented: Chapter 7, 9, 11, 12, 13 Schedule 341/Trusteeship.


Criminal Background Check - Our criminal record check may search national, federal, state, and county databases to provide information about a candidate’s criminal history.


E-Verify - Verifies the legal status and employment eligibility of a potential employee.


Education Verification - Verifies a candidate's certifications or educational claims


Employment Verification - Employment verification can confirm that a candidate brings the work experience they claim on their resume.


Live Scan Fingerprinting - Inkless technology that sends digitized data to the State Police and/or the FBI.


Motor Vehicle Records  -  A Motor Vehicle Report background check provides information about a candidates driving history, accidents, traffic violations, license suspensions and vehicular crimes.


National/State Criminal Records - Provides instant searches from its database of Criminal Records covering the most populated states. These databases are maintained and updated regularly from records acquired from government agencies. There are over 700 million criminal records available. Each database contains felony convictions.


SSN Validation - Provides instant verification of when and where the SSN was issued.


SSN Trace - Search the Social Security Number of an applicant or potential employee or tenant. Protect against fraud and identity theft!  Our SSN Trace enables you to obtain identifying information for social security numbers from the nation's largest and most accurate information sources available. Trace reveals name, date of birth, other names and DOB's associated with the SSN, current address, previous addresses, counties lived in, SSN's validity and deceased check. You have the advantage of checking your records for SSN validity, identifying numbers that have never been issued and those assigned to persons reported deceased before searching other databases for other information.


Sex Offenders (with pictures) - Each state is required to maintain and regularly update current addresses on persons convicted of sex-related offenses since 1994, including aggravated sexual assault, sexual assault, aggravated criminal sexual contact, kidnapping and various other violent crimes against children. These records generally show the offender's name, date of birth or age, description of offense and last registered address. You can search by name, name and date of birth, city, state or by zip code. Coverage includes all 50 states and most have pictures.