California background check laws for employers (2026): what you can check and when

California employers may run background checks on job applicants, but state law adds to the federal Fair Credit Reporting Act at almost every step. As of October 2026, the main additions are a separate disclosure under the Investigative Consumer Reporting Agencies Act with a check box for a free copy of the report, a seven-year limit on reporting criminal records with no high-salary exception, a list of records an employer may never ask about or use, the Fair Chance Act rule that conviction history waits until after a conditional offer, and a ban on most employment credit checks. Los Angeles, Los Angeles County and San Francisco add their own fair chance rules.

This page pulls those layers into one place for recruiters and hiring managers. The federal steps (disclosure, authorization, pre-adverse and adverse action notices) are on the FCRA background check process, and the conditional-offer timing and individualized assessment under the Fair Chance Act are covered in depth on California's ban-the-box law. Here we cover what those pages do not: California's own reporting statutes, the records that are off limits at any stage, fingerprint-based checks required by state agencies, and the city and county ordinances.

What does California add to the federal FCRA?

The biggest difference is the definition. Under the federal law, an investigative consumer report is one built from personal interviews with people who know the candidate. California's Civil Code 1786.2(c) defines it as a report in which information on a person's character, general reputation, personal characteristics or mode of living "is obtained through any means." That is why screening companies and employment lawyers routinely treat ordinary criminal and employment checks on California candidates as investigative consumer reports, and why California forms look different from the federal ones.

Under Civil Code 1786.16, an employer that wants such a report for employment purposes must, before the report is ordered, give a clear and conspicuous written disclosure "in a document that consists solely of the disclosure" that states:

• that an investigative consumer report may be obtained, and its permissible purpose;
• that it may include information on the candidate's character, general reputation, personal characteristics and mode of living;
• the name, address and telephone number of the screening company;
• the nature and scope of the investigation, with a summary of the candidate's rights to inspect the agency's files under section 1786.22;
• the screening company's website (or phone number) where the candidate can read its privacy practices, including whether personal information will be sent outside the United States.

The candidate must authorize the report in writing, and the form must offer a box to check to receive a copy. If it is checked, the employer must send the copy within three business days of receiving the report, and the employer may have the screening company send it (1786.16(b)(1)). These steps do not apply when the report is sought because the employer suspects wrongdoing or misconduct (1786.16(c)).

When you search public records yourself

Some employers check court websites themselves instead of using a screening company. California still has a rule for that. Under Civil Code 1786.53, an employer that collects public records (arrests, convictions, civil actions, tax liens, judgments) for employment purposes must give the candidate a copy of the record within seven days of receiving it, unless the candidate waived that by ticking a box on the application. If the employer takes adverse action because of the record, it must send the copy regardless of any waiver.

How far back can a California background check go?

Civil Code 1786.18(a)(7) bars a screening company from reporting records of arrest, indictment, information, misdemeanor complaint or conviction that, from the date of disposition, release or parole, are more than seven years old. A conviction must not be reported at all once a full pardon is known, and an arrest must not be reported once it is known that no conviction resulted, except while judgment is still pending.

The difference from federal law matters for senior hires. The federal seven-year limit does not apply to jobs paying $75,000 or more a year (15 U.S.C. § 1681c(b)(3)), and federal law never limits convictions. California's limit covers convictions and has no salary exception. It lifts only for life insurance underwriting of $250,000 or more, or when the employer "is explicitly required by a governmental regulatory agency to check for records" the section otherwise bars (1786.18(b)). Section 1786.18(c) also requires the screening company to have verified public-record information within the 30 days before it furnishes the report.

Which records can California employers never use?

Labor Code 432.7 applies to public and private employers of any size, and to every stage, before and after an offer. An employer may not ask an applicant, in writing or out loud, about, and may not "seek from any source whatsoever, or utilize," any of these:

• an arrest or detention that did not result in conviction;
• a referral to, or participation in, a pretrial or posttrial diversion program;
• a conviction that has been judicially dismissed or ordered sealed, including relief under Penal Code 1203.4 and the automatic relief of Penal Code 1203.425;
• any arrest, detention, diversion, adjudication or disposition while the person was under the jurisdiction of the juvenile court.

Two exceptions matter for recruiters. An employer may ask about an arrest for which the person is out on bail or on their own recognizance pending trial. And a health facility may ask applicants for jobs with regular patient access about arrests for sex offenses listed in Penal Code 290, and applicants for jobs with access to drugs and medication about certain drug arrests, after giving them the list of offenses (432.7(f)). Violations carry actual damages or $200, whichever is greater, plus costs and attorney's fees; an intentional violation carries treble damages or $500 and is a misdemeanor (432.7(c)).

Two cannabis rules sit beside it. Labor Code 432.8 extends the same limits to certain minor marijuana convictions once two years have passed from the conviction. And since January 1, 2024, Government Code 12954 makes it unlawful to ask an applicant about prior cannabis use, and covers cannabis information found in a criminal record unless the Fair Chance Act or another law allows the employer to consider it. Positions that require a federal background investigation or security clearance are excluded. For testing rules, see California drug testing laws.

When can you ask about conviction history?

Only after a conditional offer, for employers with five or more employees, under Government Code 12952, the Fair Chance Act. Before withdrawing an offer because of a conviction, the employer must make an individualized assessment, send a written preliminary notice with the report, give at least five business days to respond and send a final written notice. The regulation also covers staffing agencies and their clients. The full procedure, the exemptions and a recruiter script are on California's ban-the-box page.

Can California employers check credit or salary history?

Credit checks are banned for most jobs. Labor Code 1024.5 allows a consumer credit report for employment only for listed positions, such as managerial roles, law enforcement, roles with regular access to $10,000 or more in cash, and positions where another law requires a report, and does not apply to financial institutions covered by the Gramm-Leach-Bliley Act. The exceptions are compared with other states on credit check laws for employers. When a credit report is allowed, Civil Code 1785.20.5 requires written notice beforehand naming the specific Labor Code 1024.5 basis and the source of the report, with a box to request a free copy sent at the same time as the employer's.

Salary history may not be sought or relied on under Labor Code 432.3; see California's salary history ban.

Which California jobs require fingerprint checks?

For some jobs, a state agency runs the check itself through fingerprints, and the employer does not decide whether to do it. Fingerprints are taken by Live Scan and sent to the California Department of Justice (and, for many programs, the FBI); the Department of Justice fingerprint page explains the process. Examples from the agencies' own rules:

• Community care, child care and home care. The Department of Social Services says employees of community care facilities who have contact with clients, Home Care Aides and TrustLine child care providers must submit fingerprints and receive a criminal record clearance or exemption before they may work, and that all convictions other than minor traffic violations need an exemption. People who will be around children also get a Child Abuse Central Index check (CDSS background check page).
• Schools. School districts must fingerprint applicants for positions that do not require certification, with the cards processed by the Department of Justice (Education Code 45125).
• Nurse assistants. A criminal record clearance through fingerprints is required for certified nurse assistants in skilled nursing and intermediate care facilities (Health and Safety Code 1338.5).

For an agency placing workers in these settings, the clearance belongs to the facility's licensing process, so confirm with the client who submits the Live Scan and when the worker may start.

What do Los Angeles, Los Angeles County and San Francisco add?

These local laws apply on top of the Fair Chance Act, and in each case the stricter rule wins in practice.

California background check rules at a glance

What should recruiters and staffing agencies do?

1. Use California forms. Ask your screening company for its California disclosure, which should include the ICRAA items and the copy check box, and have counsel approve it.
2. Keep criminal history out of interviews. Labor Code 432.7 bars seeking off-limits records "from any source," and the Fair Chance Act bars conviction questions before an offer. If a candidate volunteers an arrest or old case, do not follow up and do not write it in the ATS. If you record or transcribe interviews with an AI note taker, edit that passage out of any notes you share.
3. Agree who does what with the client. Settle who orders the report, who gives the ICRAA disclosure, who decides and who sends each notice. The Fair Chance regulation treats agencies and client employers the same way.
4. Check the job location. A placement in Los Angeles, unincorporated Los Angeles County or San Francisco brings the local rules above, including the local seven-year and response-time rules.
5. Track the response window. Five business days under state law, seven days in San Francisco, and up to ten extra business days in unincorporated Los Angeles County on request.
6. Write the policy down. A background check policy that names the checks by role keeps the practice consistent across recruiters.