Background Check California: What Employers Must Do

To run a background check in California, get written disclosure and authorization from the candidate, use a consumer reporting agency, and follow the FCRA plus California’s ICRAA, Fair Chance Act, and any local ordinance. Criminal history can be considered only after a conditional job offer, and only through an individualized assessment.

California is one of the strictest states for employment screening. Mistakes lead to class action exposure, so hiring teams should build a repeatable process before ordering a single report.

California Background Check Laws That Apply to Employers

Federal FCRA

The Fair Credit Reporting Act requires a standalone disclosure, written authorization, and a pre-adverse and adverse action process when you rely on a report to reject a candidate.

ICRAA and CCRAA

The Investigative Consumer Reporting Agencies Act (ICRAA) adds California-specific disclosure rules, including a box the applicant can check to receive a copy of the report. The Consumer Credit Reporting Agencies Act limits credit checks to specific roles, such as managerial positions or jobs with access to financial or confidential information, and requires specific notice.

Lookback and reporting limits

California generally limits reporting of most non-conviction records and, under state law, restricts reporting of convictions older than seven years in many cases. Arrests not leading to conviction generally cannot be used. Sealed or dismissed matters and marijuana offenses covered by state law are also restricted. Confirm current rules with counsel.

Local ordinances

Los Angeles and San Francisco have their own fair chance ordinances with added notice and timing requirements. If you hire in those cities, layer them on top of state law.

California Fair Chance Act Background Check Steps

The Fair Chance Act applies to employers with five or more employees. It bans asking about conviction history before a conditional offer. Follow this sequence:

  1. Make a conditional offer without asking about criminal history on the application or in interviews.
  2. Obtain FCRA and ICRAA disclosures and signed authorization, then run the check.
  3. If a conviction might disqualify the candidate, perform a written individualized assessment covering the nature of the offense, time elapsed, and the duties of the job.
  4. Send written notice of preliminary decision identifying the conviction, with a copy of the report and a statement of the right to respond.
  5. Allow at least five business days to respond, plus five more if the candidate says they will dispute accuracy.
  6. Consider the response, then send a final written notice if you still rescind, including appeal rights and the right to file a complaint with the Civil Rights Department.

Which Searches to Order

Hiring situation Typical searches Key California consideration
Office or general role National criminal, county criminal, SSN trace Run after conditional offer; apply lookback limits
Driving role MVR, county criminal Tie the finding to driving duties in your assessment
Finance or management Credit report, county criminal, education verification Credit only if the role qualifies under state law
Healthcare or safety-sensitive Sex-offender registry, federal, employment verification, drug test Licensing rules may apply; document the job-related reason

Compliance Checklist for California Hiring Teams

  • Remove conviction-history questions from applications.
  • Use a standalone FCRA disclosure and a California-specific ICRAA notice.
  • Order checks only after a conditional offer.
  • Search county records where the candidate lived and worked, plus national and federal as needed.
  • Document the individualized assessment for every flagged record.
  • Send the preliminary notice and wait the full response period.
  • Send the final notice with required language.
  • Check city ordinances for LA or San Francisco hires.
  • Retain records according to your policy and legal advice.

Choosing a Screening Provider

Pick a provider that is FCRA-compliant, supports county-level searches, and delivers fast results so offers do not stall. Reveal Background offers national criminal, county criminal, federal, sex-offender registry, MVR, employment and education verification, and SSN trace, with same-day results on most searches, no setup fee, and pay-per-report pricing. You can create an account and start ordering reports.

Frequently Asked Questions

When can a California employer run a criminal background check?

Only after a conditional job offer. Asking about convictions before that point violates the Fair Chance Act for covered employers.

How far back can a California background check go?

Many convictions older than seven years generally cannot be reported, with limited exceptions, and non-conviction arrests are largely off limits. Confirm details with counsel.

What is an individualized assessment?

A written evaluation of whether a conviction has a direct and adverse relationship to the specific job duties, considering the offense, time passed, and the job.

Can I run credit checks in California?

Only for qualifying positions, such as managers or roles with access to financial or confidential information, and with required notice.

Sources

This article is general information, not legal or medical advice.

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