Background Checks

What is a background check?

You’ve probably heard of someone running a “background check” on someone else. A background check is the process of looking up non-confidential information about someone’s past activities, including their criminal history, work experience, education, debts, etc. When someone runs a background check on you, they may research your history by looking up public records about you, running an internet search on you, and even interviewing people you know!

Most commonly, background checks are done by private companies that specialize in investigating people and compiling information about them. Employers, private landlords, creditors, and other people often hire these companies to run a background check on you when you apply for a job, rent an apartment, apply for a loan, or volunteer at your child’s school! (For more information about background checks in these different situations, see the EMPLOYMENT CHAPTER (PG. 557), HOUSING CHAPTER (PG. 332), and FAMILY & CHILDREN CHAPTER (PG. 714).

DEFINITIONSBackground Check Reports & Background Check Companies

    A “background check report” is the document that an employer, landlord, or other person sees when he/she hires a private background check company to run a background check on you.A “background check company” is a private company that specialize in doing background checks (and selling the information they gather).

REMEMBER: Your RAP sheet itself is confidential and CANNOT be included in most background checks. BUT some of the information in your RAP sheet—like the record of certain criminal convictions—may be public information, so the information can show up on a regular background check. For example, court records are public information, so a background check company can go to the courthouse and look up your records to find out about convictions.

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What information cannot show up in a private background check?

Background check laws protect you by making it illegal for private background check companies to include certain types of information in your background check report, and by creating penalties if they do.

Information that CANNOT be in your background check report in California:

    Criminal convictions that have been fully pardoned;
    Criminal convictions that have been expunged (for employment background checks);
    Criminal convictions from more than 7 years ago (except for certain, sensitive jobs where the law requires it);
    Any information about arrests or charges that did not result in a conviction, no matter how recent (unless your judgment is still pending);[2952]
    Any information about arrests or charges from more than 7 years ago;
    Any information about referrals to, or participation in, any pre-trial or post-trial diversion programs (usually drug treatment programs that you are ordered to do instead of going to jail);
    Lawsuits and judgments from more than 7 years ago;[2953]
    Paid tax liens from more than 7 years ago;[2954]
    Accounts placed in collections from more than 7 years ago;
    Bankruptcies from more than 10 years ago;
    Unlawful detainers (evictions) that you won or resolved with a settlement agreement;
    Any other negative information like repossessions, foreclosures, check verification reports, motor vehicle reports, or drug test results[2955] from more than 7 years ago;[2956]
    * Public information that hasn’t been checked for accuracy in the past 30 days before the background check is issued.[2957] Read more about this law below.
    ** Testimonial information that has another person who can verify it as true or false.[2958] Read more about this law below.

Additionally,background check companies must follow specific rules:

Background check companies must follow specific rules when they include ANY negative or harmful information—including criminal history information—in a background check on you. Harmful information includes anything that could hurt your chances of getting a job, housing, insurance, or public benefits; cause you to have to pay more for housing, insurance, or public benefits; have ANY other negative impact on you.[2959]

* Confirming that public records are accurate:

Background check companies cannot include any public information (for example, information about arrests, convictions, civil actions, tax liens, and outstanding judgments) unless the company has been double-checked it for accuracy in the past 30 days.[2960] This means the company should check with the court, police, or other agency to find out the current status of any arrests, charges, indictments, convictions, judgments, etc. For example, if you were arrested but never charged, if your charges were dismissed or reduced, if you were acquitted (or convicted), or if there were any other changes to your case, the company must report the updated information.[2961]

** Confirming “testimonial information” when possible:

    A background check company CANNOT include negative information from personal interviews with people who know you—such as neighbors, landlords, employers, etc.—in your background check UNLESS the agency either confirms the information with another person (who would know whether the information is true or not) OR the person who gave negative information in the first place is the best (or only) possible source.[2962]

Read more about your rights regarding private background checks on PG. 571.

  1. 2952

    EXCEPTIONS: An agency can report these kinds of arrests or charges (1) if they are part of a case that hasn’t yet gone to trial or been resolved, meaning a “judgment is pending,” or (2) if you are applying to work at a health care facility and would have access to patients, drugs or medication.

  2. 2953

    Investigative Consumer Reporting Agencies Act, Cal. Civ. Code § 1786.18(a).

  3. 2954

    When a tax debt is not timely paid, the government’s legal claim against your property is considered a “tax lien.” Understanding a Federal Tax Lien, Internal Revenue Service, http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Understanding-a-Federal-Tax-Lien.

  4. 2955

    How to Comply with the Fair Credit and Reporting Act, Consumer Data Industry Association, http://www.cdiaonline.org/HTC/htc.cfm?ItemNumber=1080.

  5. 2956

    Investigative Consumer Reporting Agencies Act, Cal. Civ. Code § 1786.18(c).

  6. 2957

    Investigative Consumer Reporting Agencies Act, Cal. Civ. Code § 1786.18(c).

  7. 2958

    Cal. Civ. Code § 1786.18(d).

  8. 2959

    Investigative Consumer Reporting Agencies Act, Cal. Civ. Code § 1786.18(d).

  9. 2960

    Investigative Consumer Reporting Agencies Act, Cal. Civ. Code § 1786.18(c).

  10. 2961

    Investigative Consumer Reporting Agencies Act, Cal. Civ. Code § 1786.18(c).

  11. 2962

    Cal. Civ. Code § 1786.18(d).

What information can show up in a background check?

In the age of the Internet, there is a lot of information that could show up in your background check report. For example, it may contain information about:

    Criminal convictions;
    Other court cases you were involved in (for example, lawsuits, small claims court cases, money judgments against you, etc.)
    Your driving record;
    Previous employment;
    Education records;
    Property ownership records;
    Bankruptcies and tax liens;
    Professional licensing records;
    Previous addresses;
    Past evictions; AND
    Personal references from people who know you (such as past employers, private landlords, neighbors, etc.).

Although anyone can look up public records or information on the Internet about you, there are special laws that limit WHO & WHEN someone can run a background check on you if they use a private (“commercial”) background check company. In general, the people who can run a private background check on you include: employers, private landlords, insurance companies, professional licensing agencies, creditors, anyone with a court order or subpoena, and anyone seeking child support payments from you. (For a list of who can legally run a background check on you, see PG. 948.)

In addition, there are laws that protect you by limiting the information that can show up in a private background check report, and give you the chance to correct any errors that show up. For a list of what information CAN & CANNOT be included in your private background check, see PG. 942-943.

Why is it helpful for me to see what’s in my background check?

There are several reasons why it’s important to find out what’s likely to come up in your background check:

    Background checks often contain mistakes—such as incomplete, incorrect, or forbidden information. It’s important to find and correct any errors BEFORE the information shows up in a background check and causes you problems.
    You will know what other people are likely to see about you, in case your criminal history comes up on an application for employment, professional licensing, housing, or a loan, or in any other situation. To learn more about what information employers and licensing agencies CAN and CAN’T consider, see the EMPLOYMENT CHAPTER (PG. 557). For more information about what landlords and housing authorities can consider, see the HOUSING CHAPTER (PG. 332).
    You will be better prepared to answer questions about your criminal history during job interviews, on job and housing applications, and in other situations. For more information about what employers CAN and CAN’T ask you about or see in your record, see the EMPLOYMENT CHAPTER, (PG. 557).
    You can protect your rights and maximize your chances of success! Remember, there are laws that protect your rights when someone runs a background check on you. But you need to know what information will show up in your background check in order to protect those rights!

REMEMBER, cleaning up your criminal record will reduce the information that most people can see about you when they run a background check!

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What’s the difference between a RAP sheet and a background check?

RAP Sheet

Background Check

Based on official government records

Based on investigation by a private company

Lists every encounter with law enforcement, the courts, and the criminal justice system

Contains only limited criminal history information

Contains criminal history information only

Includes criminal history information as well as other information about you

Generally confidential (generally only law enforcement and courts)

Can be seen by a variety of people (like public and private landlords and employers, banks, etc.) for many reasons — but not everything from your past can be reported.