California Background Check Procedures

A California background check is carried out by an employer for a number of reasons, though the major reason is probably the increase in the number of negligent hiring lawsuits being brought before the courts. However, employee screening in California has specific restrictions that all employers should be aware of.

If an employee harms anybody in some way as result of their employment, and it can be shown that the employer could reasonably have been expected to have foreseen the problem, then the employer can be held legally responsible for the act that caused the harm.

Examples of such harm are assault in the workplace by someone with a history of violent conduct, injury through negligence or poor training by somebody that falsified their resumes to lead an employer to believe that they were suitably qualified for a job, and even injury to shareholders of a company brought to its knees due to the unacceptable decisions or actions of an improperly qualified accountant.

The employment of an accountant with a previous conviction for embezzlement and a poor employment history, that was not picked up through employee screening, could amount to negligent hiring should the company subsequently fail due to embezzlement of company funds and poor accountancy standards.

The increased exposure of terrorism and child abductions and abuse has also prompted employers to carry out suitable background screening of potential employees. It has also been shown that up to 40% of all job applications, resumes and CVs are falsified or contain some element of false information, or downright lies. It is to the employers benefit to carry out background checks on all job applicants that have reached the short list.

It would not be economical to screen all job applicants, but it is certainly justifiable to do so with those from whom the final selection will be made. Moreover, California state law requires a background check to be carried out before employing somebody or work involving the disabled, children, or the elderly.

There are a number of records that may be searched by employers in California. Among these are criminal and court records, education records, certain medical records and workers’ compensation claims. Credit records can be checked, as can residential records and even neighbor interviews can be carried out. This is by no means a comprehensive list, and there are many other personal records that employers can have access to, with and without your permission.

California applicants do have some privacy, however, and there are some records that cannot be included in your screening. California’s Investigative Consumer Reporting Agencies Act and the California Credit Reporting Agency Act place specific controls on employers and their agents in making personal checks.

After seven years, civil judgments, lawsuits and convictions, accounts placed for collection and any other negative personal information can not be reported to employers. In California, arrest records cannot be accessed at all unless these resulted in a conviction, or the applicant is awaiting trial. Rap sheets created by law enforcement agencies are not accessible unless the applicant has applied for a job in child care, or n law enforcement, security or public utilities departments.

Also in California, an employer can ask questions about job-related convictions, but not on convictions in general. Potential employers in California should be aware of the requirements of the state Acts which, though they cannot counteract the federal requirements, can add to them and restrict the records that a potential employer is allowed to collect about job applicants. Much of this starts with the job application itself.

In general terms, a Californian job application cannot ask for your date of birth, sex or race, nor about your maiden name and any other personal record that is not relevant to the job being offered. It can however ask questions to determine if you are legally able to work, and can only carry out health screening of the disabled to ensure that they are able to carry out the job on offer.

A California background check must be carried out by an investigator who is well aware of California’s state legislation regarding what can and what cannot be investigated. California law offers more protection to the job applicant than straight federal law, and employee screening in California is a specialized job.