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

No. Under California state law, an employer must follow the legal procedure of giving you notice, getting permission, etc., every time it wants to run a background check on you.[1910] In addition, an employer CANNOT ask you to waive (give up) your right to receive notice, give permission, etc., before running a background check.[1911]

EXCEPTION: If an employer suspects you of wrongdoing or misconduct, it can run a background check without giving you notice or asking for your permission. This exception applies if the employer is conducting a background check because they suspect you of misconduct on the job, including violating any written polices of the employer, or violating any federal, state, or local laws or regulations.[1912]

  1. 1910

    Cal. Civ. Code § 1786.24(b). ↑

  2. 1911

    Cal. Civ. Code § 1786.57. ↑

  3. 1912

    Both California and federal law have exceptions to the notice and permission requirements if an employer does a background check because they suspect you of “wrongdoing or misconduct,” and uses a private Background check company to conduct the background check. Cal. Civ. Code § 1786.16(a)(2), (c); 15 U.S.C. § 1681a(y)(1). In this case, the employer is NOT required to notify you or get your permission before conducting the background check. If the employer later decides to take adverse action based on the results of the background check, they are only required to give you a summary of the background check report (not the sources of information nor full report itself), and only after the adverse action is taken (not before the adverse action). 15 U.S.C. § 1681a(y)(2). ↑