What can a background check company not report about me to an employer?

Although some background check companies brag that they can “find out anything about anyone,” both federal and California laws impose restrictions on what information they are allowed to put in your background check, especially when it relates to your criminal history.

For example, Background check companies are NOT allowed to include information about criminal convictions that are more than seven years old,[1950] convictions that were pardoned, dismissed or sealed, arrest records, or referrals to diversion programs.

KNOW YOUR RIGHTS: Background check companies MUST verify certain information to make sure it is accurate! If a Background check company includes information that is a matter of public record in your background check (such as information about your convictions), it must have verified the information within the previous 30 days before issuing its report. Additionally, a Background check company cannot include negative information about you that it got from talking to a person who knows you (for example, a former employer or a neighbor) UNLESS it has tried to confirm that information from another source, or has determined that that person is the best (or only) source of the information.[1951]

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  1. 1950

    Cal. Civ. Code § 1786.18.

  2. 1951

    Cal. Civ. Code § 1786.18.