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

Your rights against background check companies

  1. How can employers learn about my criminal record?

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

    1. What can’t employers ask about my criminal record?

    2. What can employers ask me about my criminal record?

    3. When can (and can’t) employers ask about my criminal record?

    4. When can a public (government) employer in California ask about my criminal record?

    5. When can a private employer in California ask about my criminal record?

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

    1. Are employers legally allowed to run a background check on me?

    2. Can an employer consider my credit history?

    3. Are employers legally required to conduct criminal background checks?

    4. Since employers are allowed to run background checks on me, do I have any legal rights in the process?

    5. Can an employer decide not to hire me based on my record?

    6. What rules must an employer follow if they decide not to hire me based on my record?

    7. What can I do if there is inaccurate, incomplete, or illegal information in my background check report?

    8. If I am hired, can my employer run background checks on me in the future without my permission?

    9. What can I do if the employer has already received information from a background check report that it shouldn’t have received by law?