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Curious about what happens after you submit a job application in California, particularly when a "background check" is mentioned?
Both job seekers and businesses face complexities: what are employers looking for, what are your rights, and what are the legal requirements for compliance? An employment background check in California is a highly regulated process.
MJB Law Group understands these intricacies of employment law, guiding individuals on their rights and assisting businesses with compliance. We'll go over this critical hiring step, covering everything from governing laws to preparation.
A new job opportunity often comes with an invisible gatekeeper: the employment background check. But what exactly does it reveal... and is it fair?
Let’s explore how California treats this common hiring tool — and what you, whether applicant or employer, absolutely need to know.
An employment background check is a review of a person’s history—criminal, professional, educational, and sometimes financial.
Think of it as a professional magnifying glass that employers use to ensure they’re hiring the right fit.
Employers use background checks to reduce risks, verify qualifications, and avoid liability, including potential issues related to unemployment claims or negligent hiring. It's not about mistrust — it's about being thorough.
Depending on the role, background checks may cover:
The more sensitive the job, the deeper the check...
This state law regulates how credit reports are used in employment. Unless the job involves financial duties, you generally can’t be judged based on your credit score.
ICRAA requires employers to provide notice before requesting investigative reports and to obtain written consent. Transparency is the name of the game here.
A federal layer of protection, the FCRA governs how third-party background checks are conducted.
Employers must notify you when a report is being pulled — and if it influences their hiring decision. As lawyer MJB Law Group can attest, understanding your rights under the FCRA is crucial.
Cities like Los Angeles and San Francisco add extra rules — for example, even stricter "Ban the Box" laws. Always check your local rules.
This includes convictions, pending charges, and sometimes arrest records (though with limitations). California law adds layers of protection — we’ll get to that soon.
Your resume isn’t just taken at face value. Employers will verify dates of employment, job titles, and degrees earned. Honesty matters here...
Only allowed in limited job types — like finance roles or law enforcement. And even then, the candidate must be told beforehand.
Especially critical for roles involving transportation. Accidents, license suspensions, or DUIs will likely show up here.
For regulated fields (think nursing, engineering, or teaching), active licenses and any disciplinary actions are typically reviewed.
California employers can’t ask about criminal history on job applications. Only after a conditional job offer can a background check be initiated.
With a few exceptions, California law prohibits background checks from showing convictions older than seven years. It's a built-in second chance...
Employers must take several steps before using criminal records to reject a candidate.
They must consider the nature of the offense, time since conviction, and relevance to the job — no blanket rejections allowed.
Applicants must receive written notice of potential disqualification and a chance to explain or correct the report.
No background check can happen in secret. Employers must provide a clear disclosure and get signed authorization from the applicant.
Employers should work with licensed consumer reporting agencies (CRAs) that comply with ICRAA and FCRA standards. One wrong move here can lead to lawsuits...
Before and after a background check, employers are required to:
You can request a copy of the report and see every detail. Knowledge is power — especially when your job is on the line.
Found an error? Dispute it. Reporting agencies must investigate and fix false information within 30 days.
If a background check costs you a job offer, the employer must explain why and provide contact info for the reporting agency.
California law only allows checks after a conditional job offer. Doing it too soon? That’s a legal landmine.
A two-year gap without explanation might raise eyebrows. Be ready to explain, not hide.
Pending cases or serious convictions relevant to the job role may impact your chances.
Lying on a resume? That’s a fast track to disqualification — and potential legal trouble.
A vague or hidden notice? Illegal. Disclosures must be "clear and conspicuous."
Skipping the "pre-adverse action" process can lead to lawsuits. Always notify, wait, and give applicants a chance to respond.
Running a background check before making a job offer violates the Fair Chance Act. Timing matters.
You can run your own background check through reputable services. Know what they’ll see before they see it.
Give them a heads-up. A positive reference can sometimes outweigh a minor red flag.
If there’s something to explain, do it upfront. Framing the story can change how it’s received.
It’s a legal process to clear or seal past convictions, especially misdemeanors. In many cases, you can truthfully say “no” when asked about a conviction.
Once sealed, they shouldn’t show up in standard background checks — though law enforcement and some government agencies may still access them.
As a boutique litigation firm, MJB Law Group focuses on employment and personal injury law. We are located at 1442 Irvine Boulevard, Suite 201, Tustin, CA 92780. We're open Monday through Friday from 8:30 AM to 5:30 PM, and we're closed on Saturdays and Sundays
Our mission is to fight back against corporations and insurance companies on your behalf. Whether you’ve experienced discrimination, wrongful termination, or unfair hiring practices, our expert legal team will champion your rights.
MJB Law Group ensures access to top-tier representation without financial stress. With a client-focused, compassionate approach, we dive deep into each case — and fight relentlessly until justice is served.
Navigating an employment background check in California is like walking a tightrope... one misstep — either as an employer or applicant — can trigger legal or career consequences. From understanding your rights to following the law down to the fine print, knowledge is your safety net.
Whether you're hiring or job hunting, being informed and prepared makes all the difference. And when the situation gets complex, trusted advocates like MJB Law Group are there to help level the playing field. Contact us today.
Not automatically. Employers must conduct an individualized assessment and give you a chance to respond under California law.
Most checks take 3–7 business days, though complex reports can take longer depending on the scope.
You have the right to dispute inaccuracies. Contact the reporting agency, provide documentation, and they must investigate and respond within 30 days.
Generally, no. California law limits the use of non-conviction records unless the arrest led to a pending trial.
Yes. Employers must obtain your written consent before conducting any background screening.
Only in specific cases — such as jobs involving financial responsibility. Otherwise, using credit reports for hiring is prohibited in most scenarios.
