Background Checks in the state of California

EmployeeScreenIQ serves an impressive roster of clients ranging from Fortune 100 organizations screening several thousand people per month to small businesses with occasional screening needs. So whether you employ people in California, throughout the United States or in over 200 countries abroad, we are your one stop shop for employment background checks.

California Court Structure:

• There are 58 counties in the state of California
• Superior courts in each county have trial jurisdiction over all criminal cases including felonies, misdemeanors and traffic matters.

Criminal Record Searches Available:

• County Court Searches
• Sex Offender Registry

California employers must notify subjects of reports of their right to a copy of an investigative consumer report or consumer credit report if one is obtained at no charge.

California employers must provide subjects of reports a notice regarding a background investigation conducted by a Investigative Consumer Reporting Agency (ICRA) pursuant to California law.

Check out our sample applicant release (pages 1-4).

Specific State of California Laws to Keep in Mind

• Employers cannot seek information nor inquire about an arrest that did not lead to conviction.
• Employers cannot seek information nor inquire about pre or post-trial diversion programs.
• Employers may inquire about convictions where no sentence has been imposed.
• Employers cannot inquire about a marijuana conviction greater than 2 years old
• Employers in the healthcare industry may inquire about arrests for drug related criminal activity if the person will have access to any drugs or medication.
• An investigative consumer report cannot include:
• Bankruptcies that, from the date of order of relief, antedate the report by more than 10 years.
• Suits that, from the date of filing, and satisfied judgments that, from the date of entry, predate the report by more than 7 years
• Information regarding unpardoned criminal convictions where the data of disposition , release or parole is more than 7 years old
  Any other adverse information that antedates the report by more than 7 years

Effective January 1, 2011, California SB 909 requires a person who procures or causes to be prepared an investigative consumer report for employment purposes to provide a consumer with the Internet Web site address or telephone number of the investigative consumer reporting agency where the consumer may find additional information about the agency’s privacy practices.
This bill will also require an investigative consumer reporting agency to conspicuously post on its primary Internet Web site information describing its privacy practices with respect to its preparation and processing of investigative consumer reports, or, if it does not have an Internet Web site, to mail a written copy of the privacy statement to consumers upon request.

The bill also makes an investigative consumer reporting agency liable to a consumer who is harmed by any unauthorized access of the consumer’s personally identifiable information, act, or omission that occurs outside the United States or its territories, as specified.

EmployeeScreenIQ serves clients throughout the state of California including:

• Los Angeles
• San Diego
• San Jose
• San Francisco
• Long Beach
• Fresno
• Sacramento
• Oakland
• Santa Ana
• Anaheim