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).