Your rights against employers related to criminal background checks

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. 584).

HOW COMMON ARE BACKGROUND CHECKS?

About 69% of employers run criminal history background checks on all job applicants. About 86% of employers conduct background checks on at least some applicants. Larger companies tend to run routine background on everyone as part of their regular job application process, while smaller companies might not.

  1. How can employers learn about my criminal record?

  2. When can (and can’t) employers ask about my criminal record under the new Fair Chance Act (AB 1008)?

  3. My city or county already has a ban the box policy. Will the Fair Chance Act replace that policy?

  4. Is there anything an employer can’t ask about my criminal record?

  5. If the employer uses a private 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?