California Background Check Laws: What Employers Need to Know

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CALIFORNIA BACKGROUND CHECK LAWS WHAT EMPLOYERS
NEED TO KNOW
Global Background Screening
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BACKGROUND SCREENING
When you're screening job applicants, it's
important to exclude potential hires who would
pose a risk to your company and its employees. If
a potential hire is disqualified from working for
your company for any reason, it's best to know as
much about California's background check
requirements as possible. This article covers
the basics of California's background check laws,
including the types of employers and positions
subject to the background check requirement, the
scope of a background check, and the process for
submitting a request for a background
check. This article also covers the exemptions
to the background check requirement, the cost of
a background check, and the penalties for a false
statement on a background check. If you want to
avoid the hassle and potential risks of a
potential hire, you should read this article and
learn about your options.
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WHAT TYPES OF EMPLOYERS ARE SUBJECT TO BACKGROUND
CHECKS IN CALIFORNIA?
Any employer that hires employees in California
is subject to background check requirements. This
includes any business that hires employees, such
as an employer that only has workers who are
independent contractors. Any person who has
control or supervision over the hiring, firing,
or any other aspect of employee management is
responsible for ensuring that the employees are
free of convicted felonies and have passed a
federally compliant background check. If you
have employees who work remotely, as of January
1, 2020, you will also need to verify their
identity using a photo ID and the last four
digits of their Social Security number.
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WHAT TYPES OF POSITIONS ARE SUBJECT TO BACKGROUND
CHECKS IN CALIFORNIA?
All new or renewed security (felony- or
misdemeanor-level) and key management positions
are subject to a background check. This includes
positions such as

• Security Guard
• Dialysis Technician
• Home Health Aide
• Personal Care Aide
• childcare provider
• Food handler
• Housekeeper
• Janitor
• Locksmith
• Animal control

• Nuclear physicist
• Mental health
• Social worker
• Therapist
• Counselor
• Correctional officer
• Foster care
• Animal control officer
• Social services
• Correctional officer

• Law enforcement
• Firefighter
• Probation/parole/supervision officer
• House painter
• Taxi or limousine driver
• Parking enforcement

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HOW FAR BACK DOES A BACKGROUND CHECK GO IN
CALIFORNIA?
California law allows employers to perform
background checks that go as far back as 7 years
for certain types of positions. Non-convictions,
such as cases that were dropped, dismissed or
nolle prosse cannot be used to make a hiring
decision.
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WHAT IS THE PROCESS FOR REQUESTING A BACKGROUND
CHECK IN CALIFORNIA?
The California Department of Fair Employment and
Housing (DFEH) administers the state's background
check program. As of January 1, 2020, employers
must begin conducting background checks for new
hires within 72 hours of making a job offer. To
initiate a background check, employers must
submit a written request to DFEH. The employer
must include

• The date of the hiring process
• The anticipated start date for the new hire
• The type of check being requested criminal, sex,
  or both

• The position for which they are requesting a
  background check
• The name, address, and telephone number of the
  hiring person
• A list of all job titles and descriptions for the
  position
• The salary for the position

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CAN AN EMPLOYER ASK A POTENTIAL EMPLOYEE TO
COMPLETE A BACKGROUND CHECK BEFORE MAKING AN
OFFER?
Yes. As of January 1, 2020, employers can require
potential employees to submit a written request
for a background check before making an offer of
employment. Global Background Screening makes it
easy for potential employees to complete a
background check on themselves on the Self Screen
Background Check Portal.
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CAN YOU CONDUCT A SOCIAL MEDIA BACKGROUND CHECK
IN CALIFORNIA?
Yes, you can conduct a social media background
check in California on employees as long as the
applicant is provided his summary of rights under
the FCRA, offered a copy of his background check
result, and is provided an authorization form
that states this may be run on their background
check. A compliant background check company
will make sure this is covered. Global Background
Screening has the most robust social media
background check in the market. W can easily
screen for violence, bullying, images, videos,
sexual deviance, political, drug related posts
and likes for up to 7 years on platforms
Facebook, Instagram, TikTok, Reddit, Pinterest,
Linkedin and Twitter. In addition, if you're
needing industry specific keywords, we can easily
add that as well on our social media screening
tool.
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EXCEPTIONS TO THE CALIFORNIA BACKGROUND CHECK
REQUIREMENT

• The following individuals are not required to
  submit to a background check before applying for
  employment
• Applicants who are current, former, or acting
  employees of the California Legislature
• Applicants who work for a public interest law
  firm
• Applicants who work for a public entity
• Applicants who work for a school district
  (regardless of whether they are employed by a
  private or public school)
• Applicants who are members of the clergy
• Applicants who work for an educational
  organization (regardless of whether the
  organization is nonprofit or for-profit)
• Applicants who work for a business owned by the
  applicant's spouse or parent
• Applicants who work for a business owned by the
  applicant
• Applicants who are seeking employment with an
  employer that has fewer than five employees
• Applicants who work for an employer that is
  located outside of California

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GET IN TOUCH
info_at_getgbs.com
1 8555615890
www.globalbackgroundscreening.com
7022 Shallowford Road Suite 1 Unit 552
Chattanooga, TN 37421