KNOW YOUR RIGHTS on Employment BACKGROUND CHECKS

WHAT WILL I LEARN?

This section explains the laws and your rights when an employer runs a background check on you for a job. It will explain what information an employer CAN and CANNOT see, ask about, and consider about your criminal record; and what information background check companies CAN and CANNOT report about you. It also explains how to correct background check errors, and what you can do if an employer or background check company violates the law.

  1. Your rights against employers

    1. How can employers learn about my criminal record?

    2. If the employer asks you directly about your criminal record

    3. If the employer uses a private background check company to run a background check on you

  2. If the employer conducts an “in-house” background check

    1. How does an in-house background check work?

    2. What rules govern California employers who run in-house checks?

  3. Errors in employers' in-house background checks:

    1. How can I find out if an employer relied on incorrect public records about me?

    2. If an employer relied on inaccurate public records, what can I do?

    3. Can an employer ask me for or consider my RAP sheet?

    4. Which employers can see my RAP sheet?

    5. Can I see my own RAP sheet?

    6. What can I do if the employer does not follow any of these rules on background checks?