My Recruiting Blog

Any job seekers undergoing a California background check should be aware of several differences between state and federal law. Visit http://www.easybackgroundchecks.com/ca-california-background-check.htm to learn more.

The federal Fair Credit Reporting Act dictates what can and cannot be included in a background check, but California law imposes more stringent rules as to what cannot be included than those found throughout the rest of the nation.

While both the California and federal laws impose a seven-year limit on reporting negative information on an employment background check and a 10-year limit on reporting bankruptcies, there are several differences between the two laws.

For instance, California law states that criminal convictions can only be reported for seven years unless another law requires employers to look deeper into an applicant's background, whereas federal law allows criminal convictions to be reported indefinitely.

Another big difference is that California law prohibits employers from including public record information in an employment background check unless the accuracy of the information has been verified within the 30-day period before the report is issued.

That law pertains to information such as arrests, indictments, convictions, civil actions, tax liens and outstanding judgments. Throughout the rest of the nation, public records are often used to complete a background check.

Arrests and formal charges shown as an indictment or complaint resulting in an arrest can be reported for up to seven years in California, but the same records cannot be reported at all if the applicant was not convicted.

In addition, an employer cannot ask an applicant about an arrest or conviction that should not be reported, including any arrest or detention not resulting in conviction; any conviction record that has been sealed, expunged or eradicated; or any arrest in which a pretrial diversion was completed.

Labels: California background check