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California Criminal Background Check Regulations
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First is the fact that many job applicants simply provide false information on their job applications and resume. Regardless of who performs the actual background check, the potential employer must have the written authorization of the job applicant. That authorization must be provided on a separate piece of paper and must identify the precise nature and scope of the background check to be conducted e. As stated above, the employer must provide notice to the job applicant of the nature and scope of the background check to be conducted.
Below is a list of the information an employer may search. Either the employer, or a third party investigator may search the following information:. Employers can contact past employers, colleagues, neighbors, and friends, about the applicant's character, general reputation, personal characteristics, or mode of living. When performing the background check the employer should: 1 let the former employer s know they have obtained the written consent of the job applicant; 2 stress that the confidential nature of the information will be maintained; and 3 reinforce that fact that the only purpose for the information is to make a fair hiring decision.
The employer should take notes as to who provided the information, the basic questions asked, and the answers provided, and the information should be kept in a separate confidential file, not the applicant's or employee's personnel file. The employer should also expect that the former employer will restrict their comments to confirming dates of employment and the position held.
Under California Civil Code section Public records, such as criminal convictions reviewed by the employer must be turned over to the job applicant within 7 days.
Education Records. Employers can verify an applicant's dates of attendance and degrees earned at educational institutions listed on a job application. School records are otherwise confidential and employers can NOT access them without your written consent. Criminal Convictions.
6 Reasons You Might Lose a Job Offer Due to a Background Screening
Employers are permitted to deny a job to an applicant based on prior criminal convictions, but only if the convictions are relevant to the job. Although an employer may review a job applicant's criminal history for the past 7 years, the employer must limit any inquiry into marijuana use to the prior two years. If the investigation results in an adverse action, there are additional requirements.
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Credit Reports. If the prospective employee falls within one of the six 6 categories, employers can view an applicant's credit report not the credit score to confirm or deny information provided by the job applicant, and to judge the applicant's level of responsibility. A California employer is prohibited from using a bankruptcy as a basis to deny employment. Doing so can lead to a lawsuit for discrimination. Employers can obtain an employee's driving and vehicle registration records without the employee's consent, but unless driving is a part of the job duties employers should refrain from inspecting such records.
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Worker Compensation Records. Although a California employer is prohibited from recinding a job offer because of information revealed in the workers compensation records, the employer may terminate the employee if the records establish that the employee lied on the job application.
Can a California employer ask you about your criminal history?
Medical History. Although employers do have a right to access an applicant's medical history, they are limited to inquiring about the applicant's ability to perform a specific job function. Insurance-related medical history information is available from MIB Group -