Your rights against employers
This section will explain your rights when an employer runs a background check on you or asks you about your criminal record, and what you can do if the employer violates your rights.
The next section will explain your rights when a background check company produces a report on you, and what you can do if the background check company violates your rights (see PG. 580).
KNOW YOUR RIGHTSYour rights against employers
- Employer CAN run a background check on you and CAN consider certain parts of your criminal history when deciding whether to hire you.Employers MUST offer you a copy of the background check report or any public records used.Employers CAN see and/or ask about: convictions and pending (unresolved) arrests, charges, or cases; court records; police, correctional facility, and CDCR records (including mug shots); DMV driving records; other public records. In general, employers CANNOT see or ask about: arrests that did not lead to conviction; convictions that have been dismissed/expunged/sealed; participation in court diversion programs; and certain minor marijuana convictions; your RAP sheet; your credit report.In general, PRIVATE employers can ask about your record at any time. In general, PUBLIC employers can only ask about your record AFTER they decide that you meet the basic job qualifications.If an employer decides not to hire you because of information in your background check report, the employer MUST give copy of the background check report or any public records used, and SHOULD give you a chance to correct any errors in your background check report.“Ban the Box” laws give you more rights and protections if you apply for a job with a state or local government agency, and/or in certain local cities and counties.
Your rights against background check companies
- Background check companies CAN report information about convictions; pending arrests or criminal charges; lawsuits and civil (money) judgments against you; evictions; DMV driving records; and other personal information from within the past 7 years.Background check companies CANNOT report information about convictions; lawsuits; unpaid judgments; tax liens; or any other negative information that is more than 7 years old.Background check companies MUST check that information from public records is accurate and up-to-date.