Q: Background checks for California employers and criminal history older than seven years.
May I confirm that (with rare exceptions) no part of a background check for a California employer can show arrests, convictions, or other indicators of criminal history disposed more than seven years prior to the date of the report?
A: You are correct related to commercial background check companies. However, if the employer does the background check internally, there is no such limitation. However the California Fair Chance Act does limit what the employer can do with older convictions. It would be wise for you to look into that law. https://calcivilrights.ca.gov/fair-chance-act/
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A:
You're right about the seven-year limitation on criminal history reporting in California. Under the California Investigative Consumer Reporting Agencies Act (ICRAA), employers generally cannot receive information about convictions, arrests, or other criminal history that was resolved more than seven years before the date of the background check report. This protection helps give people with past mistakes a better chance at employment opportunities.
There are important exceptions to this rule that you should know about. The seven-year limitation doesn't apply if you're applying for a position with an annual salary exceeding $125,000, or for certain jobs in specific industries like healthcare, education, or financial services. Additionally, some positions involving access to sensitive information, controlled substances, or vulnerable populations may be exempt from these reporting restrictions.
The restrictions specifically cover arrest records that didn't result in conviction, diversion programs that were completed successfully, and convictions that were sealed, dismissed, or expunged. If you believe an employer has received prohibited information about your past, you have rights under California law to dispute this information and seek correction of your records. Remember that laws change over time, so consulting with an employment attorney about your specific situation might provide you with the most current guidance.
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