California Background Check Laws

Get a Background Check

What Information Does a Background Check Include?

A background check may include the following: confirmation that the Social Security number you provided matches your name, confirmation of your most recent home addresses, a multi-state criminal history check, a credit check and a driving record check. Usually companies hiring senior caregivers only conduct a social security name match and a multi-state criminal background check. Credit checks and driving record checks are only conducted if the employee will be handling money and driving.

How many years back will a Background Check go?

The Fair Credit Reporting Act (FCRA) which governs background checks nationally only allows for a review of the past 7 years. However, individual states may pass laws which require more disclosures. Many states do have different background check requirements when employees will be working with children or seniors. This is why you need to review your individual state law to know what will be included in your background check.

Can I purchase my own Background Check?

Yes, Caregiverlist offers you the ability to purchase your own background check from the leading provider in the industry.

Purchase Your Own Background Check for $8 or $18

California State Law

Abide by the Federal Trade Commission’s Fair Credit Reporting Act (FCRA), 15 U. S. C. § 1661 et seq. and the following state rulings:

CA Civil Code (Consumer Credit Reporting Agencies Act) 1785.13.6 – Conviction

No consumer credit reporting agency shall make any consumer credit report containing any of the following items of information (6) Records, of arrest, indictment, information, misdemeanor complaint, or conviction of a crime that, from the date of disposition, release, or parole, antedate the report by more than seven years. These items of information shall no longer be reported if at any time it is learned that in the case of a conviction a full pardon has been granted, or in the case of an arrest, indictment, information or misdemeanor complaint a conviction did not result.

CA Civil Code (Consumer Credit Reporting Agencies Act) 1785.20.5. – Disclosure – Copy of Report

Prior to requesting a consumer credit report for employment purposes, the user of the report shall provide written notice to the person involved. The notice shall inform the person that a report will be used and the source of the report, and shall contain a box that the person may check off to receive a copy of the credit report. If the consumer indicates that he or she wishes to receive a copy of the report, the user shall request that a copy be provided to the person when the user requests its copy from the credit reporting agency. The report to the user and to the subject person shall be provided contemporaneously and at no charge to the subject person.

CA Civil Code (Investigative Consumer Reporting Agencies Act) 1786 et seq.

Under the federal Fair Credit Reporting Act (FCRA), most of the background screening reports we provide are considered “consumer” reports, while under the California Investigative Consumer Reporting Agencies Act (ICRA), Cal. Civil Code 1786 et seq., they are classified as investigative consumer reports. It should be noted these requirements are placed only on California employers who hire California residents to work in the state of California.

CA Civil Code (Investigative Consumer Reporting Agencies Act) 1786.18 (a) (7) – Conviction Records

Except as authorized under subdivision (b), no investigative consumer reporting agency shall make or furnish any investigative consumer report containing any of the following items of information (7) Records of arrest, indictment, information, misdemeanor complaint, or conviction of a crime that, form the date of disposition, release, or parole, antedate the report by more than seven years. These items of information shall no longer be reported if at any time it is learned that, in the case of a conviction, a full pardon has been granted or, in the case of an arrest, indictment, information, or misdemeanor complaint, a conviction did not result; except that record of arrest, indictment, information, or misdemeanor complaints may be reported pending pronouncement of judgment on the particular subject matter of those records.