Guide to California Background Checks

Keep reading to learn more about California background check requirements, what a California state background check may report, and how to get a background check in California.

Employment background checks in California search records and perform screenings to gather information about a candidate’s previous history. Employment background checks may review an individual’s criminal history, driving records, credit history, previous employment and education, drug screenings, and more. Employers can perform background checks themselves or enlist a qualified background check provider, whose services can help deliver faster, more accurate background screening reports. 

The type of background checks conducted may vary depending on the employer, the position, and other factors.  Certain background checks may be necessary to comply with federal, state, or local laws or industry regulations. For example, California law requires employers of commercial drivers to conduct a motor vehicle records (MVR) check during the hiring process. Employers often perform criminal background checks to verify the candidate has no relevant criminal convictions that might disqualify them from a position. Other common screenings include education verification, employment verification, and drug testing.

Conducting an employment background check in California can help an employer assess a candidate’s job qualifications, make informed hiring decisions, and mitigate risk. Background checks may also be required to comply with industry regulations or federal, state, or local laws. 

For instance, oftentimes industry regulations require MVR checks for commercial drivers, such as those regulated by the US Department of Transportation. In healthcare, employers who receive federal funding may be required to check the Office of Inspector General (OIG) Exclusion List to ensure there are no sanctions against a candidate disqualifying them from employment. 

Legal compliance isn’t the only reason to conduct background checks. Background screenings help employers verify a candidate’s work experience, education, and other qualifications. This helps them make informed hiring choices, potentially reducing employee turnover and increasing the success of their hiring program. Background checks can also mitigate risk, enhance workplace safety, and protect your organization’s reputation.  

A pre-employment background check in California may show criminal convictions, driving records, employment and education history, credit history, civil court records, drug testing results, and more.

Exactly what does a background check show in California? Here’s a closer look at what different types of background checks may report.

The industry average turnaround time for most background checks is three to five business days. Depending on the scope of the screening, some can be completed in a few minutes, while others take several days. 

Doing a background check in California online is also often faster than accessing records in person or requesting them by mail. However, online searches aren’t always an option. For example, although some California courthouses allow online access to court records, others require visiting a courthouse in person for record review. 

California criminal records checks can include additional hurdles. Due to a 2021 California Court of Appeals decision, some California courts now redact a defendant’s full date of birth and driver’s license number from public records. This may make it more challenging to confirm a match between court records and a candidate, especially in large jurisdictions. 

In Los Angeles County, for instance, whenever a search finds a possible match between a candidate and a court record in Los Angeles County, a court researcher must visit a courthouse to verify DOB by obtaining case records for review or confirming the DOB with a court clerk. Such manual verification can significantly increase turnaround time for a background check.

Conducting background checks yourself can also cause delays. Navigating government databases, submitting court and MVR records requests, tracking down past employers, and visiting county courthouses in person can be time-consuming and challenging. Taking the time to understand local, state, and federal laws surrounding background checks can be equally onerous.

Having a consumer reporting agency (CRA), like Checkr, conduct an employment background check in California is usually faster and more efficient than taking the DIY approach. CRAs have access to databases that can speed the process of background checks in California. Checkr’s advanced data retrieval technology searches thousands of databases—including national criminal records checks and National Sex Offender Registry checks—faster than any manual searchers could. 84% of Checkr’s background screening reports are completed in under 15 minutes.

If a national criminal records check returns a potential record that requires searching county records, Checkr’s technology allows us to accurately process and match data despite DOB redactions in California. Checkr’s candidate portal provides real-time visibility into background check timelines and progress, improving the candidate experience and reducing dropoff.

Employers can conduct a background check in California themselves, which is often time-consuming, or employ the services of an experienced background check provider, which is typically more efficient. 

State and local criminal records are exempt from the California Public Records Act, which opens public records to individuals. However, employers requiring a criminal background check in California can use the Department of Justice’s automated service to request records. This service requires the individual to be fingerprinted. 

Court records must be requested directly from the superior court in each of the 58 California counties. Depending on the court, you may need to visit the courthouse in person or may be able to access court records remotely online. Find California superior courts.

Court records must be requested directly from the superior court in each of the 58 California counties. Depending on the court, you may need to visit the courthouse in person or may be able to access court records remotely online. Find California superior courts.

MVR checks can be obtained from the California DMV in two ways: 

Employment and education verification requires finding the appropriate individual or office at the business or school, contacting them by phone or email and confirming the candidate’s information. 

Working with a trusted CRA, like Checkr, offers many benefits compared to performing background checks on your own. Checkr’s modern technology combines automated data retrieval with human review, streamlining workflows and delivering fast, accurate background check reports. 

Checkr’s compliance filters help ensure you view only information that’s legally reportable and enable compliance with California’s many regulations. Automated follow-ups with candidates and a user-friendly candidate portal reduce the time spent answering candidates’ questions or nudging them to complete steps. Employers can select the scope of a California background check based on their needs.

Certain types of employment background checks in California will have restrictions on far back information can be reported. Limits on background check lookback periods may depend on the type of background check, the information being reported, the position, and whether you enlist a CRA or perform the background check on your own. 

If you partner with a CRA to conduct background checks, the federal FCRA restricts reporting on non-conviction information to a seven-year lookback period. This applies to most credit report information, civil judgments, and tax liens. Bankruptcies, however, can be reported for up to ten years. These limits may not apply if the candidate’s expected salary is $75,000 or more.

Although the FCRA does not impose a time limit on  criminal convictions, employers using CRAs for background checks must follow stricter California state laws. California’s Investigative Consumer Reporting Agency Act (ICRAA) generally restricts CRAs from reporting conviction records over seven years old. In addition, this law prohibits the reporting of non-convictions regardless of how old the record is, which include non-pending arrests, indictments, and misdemeanor charges. Also, misdemeanor marijuana convictions more than two years old generally will not be reported.

California MVR checks may report accidents going back three years. Depending on the offense, driving-related convictions can be reported going back three or seven years. California MVRs usually report any car accidents going back three years; traffic violations may be reported from three to seven years. 

Some screenings, such as employment and education verification, have no lookback limitations. 

The cost of an employment background check in California can vary depending on the type of screening conducted and whether a background check provider or the employer performs the screening. For example, California MVR checks may cost $2 for an unofficial copy requested online by the candidate, $5 for an unofficial copy requested online by the employer, or $20 for an official copy.  A criminal background check including a Live Scan fingerprint check can cost $42 or more. 

The fees associated with accessing a candidate’s records yourself is unpredictable and can quickly add up, especially if you are searching court records in several different California jurisdictions. Conducting background checks yourself also increases overhead costs for your HR team’s time spent manually contacting government agencies, former employers and schools, or traveling to courthouses. There’s also the lost opportunity cost of important positions going unfilled.

Working with a CRA, like Checkr, is typically more cost-effective than performing background screenings yourself. Checkr offers simple pricing and customizable background check packages, so you only pay for the screenings you need. With Checkr taking care of background screenings, your HR professionals can spend more time recruiting, interviewing, and onboarding candidates.

California background check laws regulate employers’ use of criminal record checks, driving record checks, credit checks, and more. The Investigative Consumer Reporting Agency Act and California Fair Chance Act are among the California background check requirements employers should be aware of. Compliance with federal regulations, like the FCRA, may also be required. 

Employers who are unsure which laws apply to them may wish to consult with their legal counsel to minimize risk.

Summary: The ICRAA, codified in California Civil Code §§1786.10–§1786.640, parallels the federal FCRA but adds certain requirements that must be followed in California. Under the ICRAA, CRAs may not generally provide background reports that include, for example, convictions older than seven years, charges or arrests not leading to convictions, or any sealed, dismissed, or expunged convictions. Reports may include pending criminal cases. These restrictions generally apply regardless of the expected salary for the position. See law.

Summary: California Government Code § 12952 prohibits California public and private employers with at least five employees from asking about a candidate’s criminal conviction record on a job application and before offering them a job. Employers may not inquire about arrests that did not lead to convictions, participation in pre-trial or post-trial diversion programs and their underlying charges, or sealed, expunged, or eradicated convictions.

If an employer conducts a criminal background check after making a conditional offer and considers taking adverse action as a result, the FCA requires a more in-depth assessment than the Equal Employment Opportunity Commission (EEOC)'s recommended “nature-time-nature” test. The individual assessment should consider:

• The degree and permanence of the harm
• Whether the harm was to people or property
• The specific personal conduct of the applicant that resulted in the conviction
• The context of the offense
• Whether disabilities (including drug addiction or mental impairment) or trauma, such as domestic violence, contributed to the offense

Before informing the candidate, in writing, that a job offer is being withdrawn, the employer must provide a copy of the background check report and give the candidate five business days to respond. See law.

Summary: Public and private employers may not generally inquire into an arrest or detention that did not result in conviction, pre-trial or post-trial diversion programs, or dismissed or sealed convictions. Employers may generally ask about pending criminal charges. See law.

Summary: Any California court or agency that maintains custody of records must remove misdemeanor marijuana convictions from the criminal records database two years after the date of conviction, or two years after the date of arrest if there is no conviction, with some exceptions for records concerning minors on school property. See law.

Summary: Date of birth (DOB) and driver’s license numbers may not be used to identify criminal defendants in public records. As a result, courthouses have redacted DOB and driver’s license numbers from publicly searchable online databases and public-access terminals. See law.

This restriction has made criminal background checks in California more difficult and time consuming, requiring in-person visits to county courthouses to confirm candidates’ identities. Checkr continues to advocate for a legislative solution to this issue, despite a veto of legislation aimed at correcting these problems in September 2022.

Summary: California employers of commercial drivers must obtain a driving record during the hiring process and perform regular MVR checks at least every 12 months. Employers must also sign up for California’s Employer Pull Notice (EPN) program, which provides alerts of any new information on an employee’s driving record, such as convictions, accidents, or license suspensions. See law.

Summary: Employers must follow certain steps when running a credit check on a job candidate, including:

• Informing the candidate that a credit report will be used in their hiring decision.
• Giving the candidate the name and address of the consumer reporting agency that issues the report.
• Providing a free copy of the report to the candidate at the same time the employer receives it.

See law.

Summary: Employers may generally consider credit reports as part of their hiring decisions only for the following positions:

• Managers
• Positions within the California Department of Justice
• Law enforcement
• Positions where the candidate will handle sensitive personal information
• Positions where the candidate will handle finances
• Positions where the candidate will have access to trade secrets and other valuable business information
• Positions where the candidate will have access to at least $10,000 in cash

See law.

Summary: Employers must generally cover the cost of any pre-employment drug screening or medical examination and can’t deduct these costs from the candidate’s compensation. See law.

Summary: Employers may not use a candidate’s salary history as part of their hiring decision or to determine how much salary the position will pay. If asked, an employer must provide a pay scale for the position. See law.

Summary: Date of birth (DOB) and driver’s license numbers may not be used to identify criminal defendants in public records. As a result of this rule, DOB and driver’s license numbers have been redacted from publicly searchable online databases and public-access terminals in courthouses. See law.

This restriction has made criminal background checks in California more difficult and time consuming, requiring in-person visits to county courthouses to confirm candidates’ identities. Checkr continues to advocate for a legislative solution to this issue, despite a veto of legislation aimed at correcting these problems in September 2022.

Several California counties and cities have their own laws applying to background checks. These laws are usually Ban the Box laws restricting the use of criminal history in employment decisions. Many of these laws are now superseded by the recently expanded statewide Fair Chance Act.

Here are answers to some of the most common questions employers have about California background checks.

Whether an employee background check in California disqualifies a candidate from consideration may depend on the employer’s hiring policies, compliance regulations, and the requirements of the position. Based on these factors, a candidate may be disqualified for a variety of reasons, including criminal convictions, a record of unsafe driving, a positive drug test, or providing false information about previous employment, education, or credentials.

For instance, an MVR report that shows a history of certain driving-related convictions may disqualify the candidate from a delivery driver job but not necessarily from a bookkeeping position. A credit check showing a history of past-due payments, bankruptcy, or excessive debt might disqualify a person from the bookkeeping job, but not necessarily from delivery driving.  

Federal, state, and local laws and industry regulations also affect whether background check results can disqualify a candidate. Whenever you consider denying employment due to information from a background check, it’s important to comply with the federal FCRA, California laws, and any local laws governing hiring that may apply to you. Reviewing federal EEOC guidance and consulting legal counsel is also a good idea.

California employers can stay compliant by keeping track of federal, state, and local employment laws. Working with a trusted CRA that provides tools to simplify compliance can often be more efficient and better help reduce risk than monitoring changing laws yourself.

Employers bear final responsibility for complying with applicable employment laws and regulations, whether they work with a CRA or perform background checks themselves. However, the DIY approach requires navigating a complex web of California laws, as well as federal laws and industry regulations. Working with a trusted CRA can greatly simplify legal compliance.

Checkr’s platform includes built-in workflows and features to support compliance and reduce bias when conducting employment background checks in California. For instance, Checkr allows you to automate sending required disclosures and authorizations, provides adjudication tools to filter out irrelevant offenses, and simplifies the adverse action workflow. Our Candidate Stories feature streamlines the individualized assessments recommended by the EEOC and that may be required by California law.

A background check in California can show pending criminal charges, along with misdemeanor and felony convictions going back seven years. Non-convictions, like non-pending arrests, charges, indictments that did not result in a conviction, cannot be reported.

With myriad state and local laws regulating background screenings, in addition to federal laws and industry regulations, conducting a background check in California can be complicated. Working with an experienced background check provider, like Checkr, can streamline the process.

Checkr’s modern platform and automated workflows reduce manual effort for your HR team, helping you hire faster. Built-in tools to support compliance and simplify adjudication help to reduce bias so you can confidently make fair hiring decisions. Our advanced data technology delivers accurate reports quickly, while our candidate portal provides live support and real-time visibility into the status of background checks. It all adds up to a better experience for both you and your California candidates. Get started with Checkr.

The resources and information provided here are for educational and informational purposes only and do not constitute legal advice. Always consult your own counsel for up-to-date legal advice and guidance related to your practices, needs, and compliance with applicable laws.