Q: When a employer uses live scan in California do they see ALL criminal history or only the history less than 7 years old
This would not be for a Healthcare position only general labor. Do they still receive all criminal history but are not "supposed" to consider it if it's older than 7 years.
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A:
In California, when an employer uses Live Scan for a background check, they typically receive a complete criminal history, including all convictions regardless of age. However, under the California Fair Chance Act, employers are generally not allowed to consider convictions older than seven years for most positions, including general labor.
While the full history is available through Live Scan, employers must follow the law and disregard offenses that fall outside the seven-year limit. There are exceptions, such as positions requiring certain security clearances or involving vulnerable populations, where older convictions might be considered.
If you find that an employer has used information older than seven years to make a hiring decision, you may have grounds for a complaint. It’s important to know your rights and seek guidance if you believe the law has been violated.
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