California Background Check Procedures
There are specific procedures for running background checks in every state. California is different than most states.
Employment background checks in California are referred to as consumer investigative reports. These investigations may be limited to personal interviews with neighbors, friends, and business associates. California is allowed to find out about your reputation, character, characteristics, and your mode of living. In California, employers are allowed to gather this information themselves unlike many other states. An employer can choose to hire an outside agency to do it for them. These agencies are known as Consumer Reporting Agencies.
If an employer wants to run background checks on current employees or potential employees these people get an extensive notice before the check is conducted, this notice is generally in the form of a background authorization form. You will receive a notice that will state the purpose of the report, gives you the name of the company running the report and their address and telephone number. This will include a summary of your rights which include the right to see and copy any report made about you. You can request a copy of the report also and the form should have a box for you to check if you would like to request one. This is mandated by the California Fair Credit Reporting Act. The California FCRA is stricter than the federal FCRA, and gives the consumer more rights.
If an employer runs background checks in-house then they are not required to give you the same notice as they are when they use a company.
When employees give employers permission to run background checks it doesn’t necessarily mean that they will run one. However, an employer must get permission in writing prior to conducting any form of a background check. This permission release can be good for the duration of your employment. Meaning, if your employer chooses to run a background check on you every year, they can and they don’t need another signed form.
California laws on employment checks are much different than other states. The process is different depending on how they decide to run your information. If the employer wants to check you out on their own then you still must sign an agreement but you won’t get as much advanced notice.
