With over 20 years of experience, Eagle Eye Screening Solutions provides wholesale public records retrieval services.
In California, there are specific regulations that govern how employers may obtain and consider background check information for use in hiring and personnel decisions. The Fair Credit Reporting Act (FCRA) sets the national standard for employment background checks, and California law adds to the rights you have under the FCRA.
To conduct a background check in California, employers must comply with additional timing requirements and restrictions on the types of information that may be obtained. It is important for CRAs to be aware of these regulations to ensure that they are providing accurate and compliant information to their clients. While California does not offer state-wide criminal searches, CRAs can offer County Criminal research in every county in California. With local court runners visiting every single day, Eagle Eye Screening Solutions, Inc. can offer the best turnaround time in the industry. By conducting a county-wide search, you can obtain a more comprehensive view of an individual’s criminal history during the screening process.
Faster data turnaround times so you can get back to hiring.
The specific details and information included in a state criminal history search can vary depending on the state and its reporting practices. However, here are some common types of information that may be reported:
Without background checks, employers would be at a tremendous disadvantage in making hiring decisions. They’re critical, and companies need them to protect their assets, reputation and their other employees.
In California, there are strict regulations about what a consumer reporting agency may provide an employer and what an employer may do with this information.
Background checks in California, particularly for employment purposes, are subject to strict regulations to protect individuals' privacy rights. California has implemented various restrictions on the use of background check information by employers. Here is a comprehensive overview of these regulations:
California prohibits employers from using arrest records alone to make employment decisions. Employers can inquire about arrests if the individual is awaiting trial or has been granted bail. However, employers cannot inquire about arrests that did not result in charges or convictions, or arrests that led to participation in a pre-trial diversion program.
Employers in California can consider criminal convictions, but with certain exceptions. Marijuana-related convictions older than two years cannot be considered, and employers cannot ask about or use them to deny a job offer. If a candidate has a misdemeanor conviction but has fulfilled all probation requirements, employers must disregard that conviction. Employers are also prohibited from inquiring into sealed or expunged records.
California has a comprehensive "ban the box" law, effective since October 2017, which requires employers to delay inquiries about criminal history until after a conditional job offer is made. Employers must remove questions about criminal history from job applications and conduct background checks only after the entire interview process is complete and a job offer is extended. Employers can still make the offer conditional upon a successful background check, and they may rescind the offer if reasonable grounds are found.
Employers must consider the circumstances of each conviction when reviewing a background check report and should not automatically rescind an offer based solely on the presence of a criminal conviction. Factors such as the time elapsed since the conviction and its relevance to the job should be taken into account. Applicants must be given an opportunity to respond if an offer is revoked based on the background check.
California's ban the box law supersedes any local or county-level laws that were previously in place.
Except for specific exemptions, California prohibits employers from using credit information for hiring decisions. Certain positions involving fiduciary responsibilities may be exempted. Generally, employers cannot require credit history checks as a condition of employment.
It's essential to stay up to date with the latest regulations and consult legal resources or professionals for the most accurate and current information on background check restrictions in California.
Your real-time criminal data can be pulled within minutes rather than days, so you meet your toughest clients expectations.
Faster data turnaround times so you can get back to hiring.
The automated search is a special kind of search offered by Eagle Eye Screening that gives our customers more options on the level of detail they desire in their particular solution.
The criminal history search is one of the fundamental aspects of any background screening.
In America today there are millions of civil cases filed each year, and each of these cases can give unique insights into all of the parties involved.
The national and federal nationwide criminal and civil search is our largest search that we offer.
Eagle Eye will go as far as to offer screening solutions centered around a business search.
California background screening data can include a range of information, such as personal identifying details (name, date of birth, social security number), criminal records, employment history, education verification, credit history, driving records, professional licenses, references, and more. The specific data included depends on the scope and purpose of the background screening.
Yes, background screening is subject to various laws and regulations to protect individuals' privacy rights and ensure fair and accurate reporting.
Laws such as the Fair Credit Reporting Act (FCRA) in the United States establish guidelines for the collection, use, and dissemination of consumer information, including background screening data. Additionally, data protection and privacy regulations may vary by country or region.
The retention period for wholesale background screening data can vary based on legal requirements, industry practices, and the policies of the background screening company. In some cases, certain types of data may be subject to specific retention periods, such as compliance with FCRA guidelines.
Our team is looking forward to talking with you. For any inquiries, questions, or comments, please call 714-315-3739, or fill out the following form: