How do background check companies get information on me for their background check reports?

Background check companies will use any available source to dig up information on you.[1944] They may look at:

    Court records (any criminal or civil case you’ve been involved with);
    Police, correctional facility, and CDCR records (including mug shots);[1945]
    DMV driving records;
    Other public records (eviction records; tax records; property records; birth certificates; marriage and divorce records; etc.);
    Internet searches, including on Google and social networking sites (Facebook, MySpace, Twitter, etc.); other websites (including websites that post mug shot photos),[1946]
    Your previous school and work history, AND
    Talk with people who know you or have information about you (friends, neighbors, co-workers, landlords, etc.)[1947]

If the background check includes any information from public records (such as court records), the background check company must state in the background check report:

    Where it got the information (including which court), AND
    When the information was reported (i.e., made public).[1948]

See PG. 581 about the rules around accessing RAP sheets, which are confidential to most (not all) employers.

  1. 1944

    There are also rules that Background check companies must follow to verify the information reported to an employer in a background check report. See 15 U.S.C. §§ 1681d, 1681g. ↑

  2. 1945

    Police records—such as arrests and logs—are considered public records, subject to certain exemptions. See Cal. Gov’t Code §§ 6250 et seq., 6254(f). Law enforcement agencies are permitted to provide copies of mug shots to the general public. See 86 Cal. Op. Att'y Gen. 132 (2003). ↑

  3. 1946

    California law prohibits most employers from using information taken from Megan’s Law websites (which list people required to register under Penal Code 290) when deciding whether to hire you or making other employment decisions. Cal. Penal Code § 290.46(l). However, private Background check companies ARE allowed to publish information from Megan’s Law websites in your background check report. Mendoza v. ADP Screening & Selection Svcs., Inc., 182 Cal. App. 4th 1644, 1650-59 (2010) (holding that private Background check company did not violate statute by publishing information from Megan’s Law website, because Background check company did not “use” information for employment purposes, but rather compiled and republished information for employer to “use” in employment decisions). In addition, employers can use the same information if taken directly from public records (like court records), rather than from online websites. ↑

  4. 1947

    There are special rules that apply to background check information obtained through personal interviews. Both California and federal laws require Background check companies that get negative background check information through personal interviews to (1) reasonably verify that the information is accurate, or (2) only interview people who are “the best possible source of the information.” Cal. Civ. Code § 1786.18(d); 15 U.S.C. § 1681d(d)(4). Federal law also has additional notice requirements for background check reports that include information from personal interviews. 15 U.S.C. § 1681d(a). ↑

  5. 1948

    Cal. Civ. Code § 1786.28(a). ↑