How far back do background checks go in California depends on the type of check, who is conducting it, and which laws apply. State and federal rules limit how far employers, landlords, and licensing agencies can look into a person’s criminal and financial history. California has some of the strictest background check laws in the U.S., designed to protect job seekers and tenants from unfair discrimination while still allowing employers to make safe hiring choices. The key laws include the California Fair Chance Act, the federal Fair Credit Reporting Act (FCRA), and various state penal codes that control what records can be accessed and used. These laws work together to set clear time limits, require transparency, and ban the use of certain records like arrests without convictions or sealed cases.
California Fair Chance Act and “Ban the Box” Rules
The California Fair Chance Act, also known as “Ban the Box,” stops employers from asking about criminal history on job applications. Employers cannot run a background check or ask about past convictions until after they make a conditional job offer. This gives all applicants a fair shot at employment before their criminal record becomes a factor. The law applies to most employers with five or more employees. Starting October 1, 2023, the rules got stronger for private companies with 100 or more workers. These employers must now give written notice if a conviction affects a hiring decision. They must explain which conviction was considered, when it happened, and how it relates to the job. They also have to keep the background report for at least two years and file compliance reports with the Department of Fair Employment and Housing (DFEH).
How Long Can Employers Look Back at Criminal Records?
In California, there is no fixed number of years that limits how far back an employer can see criminal convictions. Unlike credit reports, which follow the FCRA’s seven-year rule, criminal convictions can appear on a background check indefinitely—unless they are sealed, expunged, or restricted by law. However, employers can only use convictions that are directly related to the job. For example, a theft conviction may matter for a cashier role but not for a software developer. Arrests that did not lead to conviction cannot be used at all. Also, records that have been sealed or expunged under Penal Code §§ 851–852 must be excluded from reports. This means even if a record exists, it cannot legally be used in hiring decisions if it has been cleared by the court.
What Records Can Be Found in a California Background Check?
A standard criminal background check in California can include felony and misdemeanor convictions, pending charges, and some dismissed cases—but only if they haven’t been sealed. The California Department of Justice (DOJ) maintains electronic records dating back to 1850. Licensed providers like LifeScans can access this database to retrieve any conviction, arrest, or dismissal entered into the system. However, they must omit any records that are sealed, expunged, or restricted by law. Employers and reporting agencies must verify that the information is accurate and up to date. If a record is wrong or outdated, the applicant has the right to dispute it and request a correction.
Live Scan Fingerprinting and Licensing Checks
Many licensed professions in California require a Live Scan fingerprint background check. This includes teachers, nurses, security guards, and real estate agents. Applicants must go to an authorized Live Scan location, provide fingerprints electronically, and pay a $25 fee to the DOJ. They also need to submit the correct form, such as RE-310 for general licenses or RE-311 for healthcare roles. The DOJ processes these requests and sends a certified “Record Review” within four to six weeks. This report shows all arrests, convictions, and dispositions on file. Only convictions that are job-related can be used to deny a license. Arrests without convictions and sealed records must be ignored.
Federal vs. State Rules: FCRA and California Law
The federal Fair Credit Reporting Act (FCRA) sets national standards for background checks used in employment. Under the FCRA, consumer reporting agencies cannot report arrests that did not lead to conviction after seven years. Convictions can be reported indefinitely unless state law says otherwise. California follows the FCRA but adds stronger protections. For example, California bans the use of non-conviction records entirely, even if they are less than seven years old. Employers must also give applicants a copy of the background report and a summary of their rights before taking any adverse action, such as rejecting a job offer. This gives applicants a chance to review the report and fix errors.
Expungement and Sealed Records: What Employers Can’t See
When a criminal record is expunged or sealed in California, it is no longer available for most background checks. Expungement under Penal Code § 1203.4 removes convictions from public view, and employers cannot consider them. Sealed records under Penal Code §§ 851–852 are even more protected—they are hidden from almost all searches, including those by law enforcement. Background check companies must filter out these records before sending reports to employers. If an employer accidentally sees a sealed record, they cannot use it to make a hiring decision. Doing so could lead to fines or lawsuits. Applicants who have cleared their records should keep proof of expungement to show employers if needed.
Private vs. Public Employers: Different Rules Apply
Public sector employers in California have followed “Ban the Box” rules since 2020. Private employers with fewer than 100 employees have more flexibility, but they still must follow the Fair Chance Act and FCRA. Starting in 2023, large private employers (100+ workers) face the same strict rules as public agencies. They must delay criminal history questions until after a conditional offer, provide written explanations for adverse decisions, and keep records for two years. Smaller private employers are encouraged but not required to follow these steps. However, using criminal records in a discriminatory way can still lead to legal trouble under state anti-bias laws.
Can Landlords Run Background Checks in California?
Yes, landlords in California can run background checks on rental applicants, but they must follow state and federal laws. They cannot discriminate based on criminal history unless the conviction poses a direct threat to safety or property. Landlords must also comply with the FCRA if they use a third-party screening service. This means giving applicants a copy of the report and a chance to dispute errors. California does not limit how far back landlords can look at convictions, but they should avoid using old or unrelated records. Best practice is to focus on recent crimes that relate to tenancy, such as property damage or violence.
How to Get Your Own Criminal Record in California
Anyone can request their own criminal history record from the California DOJ. This is useful for job applications, visa requests, or personal review. To get a copy, submit fingerprint images using a Live Scan or FD-258 card, pay the $25 fee, and complete the Request for Live Scan Service form. You can mail the request or submit it in person at an authorized location. Processing takes four to six weeks. If you qualify for a fee waiver due to low income, you can apply for one. The resulting “Record Review” will list all arrests, convictions, and court dispositions on file. Review it carefully and dispute any mistakes with the DOJ.
Common Mistakes Employers Make with Background Checks
Many employers break the law without realizing it. Common mistakes include asking about criminal history too early in the hiring process, using arrest records without convictions, or failing to provide applicants with a copy of the report. Some employers also forget to check whether a record has been expunged. Others assume all convictions are fair game, even if they are decades old and unrelated to the job. These errors can lead to fines up to $5,000 per violation under Labor Code § 432.7. To stay compliant, employers should train HR staff, use certified background check providers, and document every step of the process.
Background Check Companies and Compliance in California
Not all background check services follow California law. Some national companies may not filter out sealed or expunged records or may include non-conviction data. Employers should only use providers that are licensed and trained in California regulations. Companies like Checkr and LifeScans offer compliance tools that automatically redact protected records and generate audit trails. These features help employers meet DFEH reporting requirements and avoid legal risks. Always verify that your provider follows both FCRA and California-specific rules.
Penalties for Violating California Background Check Laws
Breaking California’s background check laws can result in serious penalties. Employers who ask about criminal history before a conditional offer may face civil fines up to $5,000 per incident. Using sealed or expunged records can lead to lawsuits and damages. Failure to provide applicants with a copy of the report or a rights summary violates the FCRA and can result in federal penalties. Repeated violations may trigger investigations by the DFEH or the Consumer Financial Protection Bureau. Employers found guilty of discrimination based on criminal history may also be required to change their policies and pay restitution.
Recent Changes in 2023 and What They Mean
In 2023, California expanded the Fair Chance Act to cover more employers and added new transparency requirements. Private companies with 100 or more employees must now give detailed written notices when a conviction affects hiring. They must also file annual compliance reports with the DFEH. These changes aim to reduce bias and increase accountability. The law now clearly defines “criminal history” to include all convictions from state, county, and municipal courts, as long as the data is accurate. This ensures consistency across jurisdictions and prevents outdated or incorrect records from harming applicants.
How to Dispute Errors on a Background Check
If you find a mistake on your background check, act quickly. First, contact the reporting agency in writing and ask for a correction. Include proof such as court documents showing expungement or dismissal. The agency must investigate within 30 days. If they confirm an error, they must update the report and notify all recent users. You can also file a complaint with the California DOJ or the Federal Trade Commission. Keeping copies of all correspondence helps build a strong case. Employers who rely on incorrect reports may be liable for damages if they reject you based on false information.
Frequently Asked Questions About California Background Checks
Many people have questions about how far back background checks go in California. Below are answers to the most common concerns. These responses are based on current state and federal laws as of 2023 and reflect the latest updates from the California Department of Justice and the Department of Fair Employment and Housing.
Can an employer see a conviction from 20 years ago?
Yes, an employer can see a conviction from 20 years ago if it has not been expunged or sealed. California does not have a time limit on how far back convictions can appear on a background check. However, the employer can only use that conviction if it is directly related to the job duties. For example, a decades-old fraud conviction may be relevant for a finance role but not for a delivery driver. Employers must also follow the Fair Chance Act and cannot ask about criminal history until after a conditional job offer is made. If the record is old and unrelated, using it to reject an applicant could be seen as discriminatory.
Do background checks show dismissed charges?
Generally, no. Dismissed charges that did not result in conviction should not appear on a background check used for employment in California. The Fair Chance Act and FCRA both prohibit the use of non-conviction records, including dismissed cases, arrests without conviction, and charges that were dropped. However, some background check reports may briefly mention dismissed charges before redacting them. Employers must ignore this information and cannot base hiring decisions on it. If a dismissed charge appears, the applicant has the right to dispute it and request removal.
How long does it take to get a Live Scan result?
Live Scan results from the California DOJ typically take four to six weeks to process. This includes the time needed to collect fingerprints, run them through state and federal databases, and prepare a certified Record Review report. The $25 fee must be paid at the time of fingerprinting. Applicants should plan ahead, especially if the background check is required for a job start date or license renewal. Some urgent requests may be processed faster, but there is no official rush option. Delays can happen during peak periods or if fingerprints are unclear.
Can I work in California with a criminal record?
Yes, you can work in California with a criminal record. The state’s Fair Chance Act gives people with past convictions a fair opportunity to get hired. Employers cannot reject you just because you have a record. They must first make a job offer, then review your background, and only deny employment if the conviction is directly related to the job. You also have the right to explain your situation and provide evidence of rehabilitation. Many jobs, especially in public sectors, actively encourage applications from people with records. Expungement or sealing your record can further improve your chances.
What happens if my record is wrong on a background check?
If your background check contains incorrect information, you have the right to dispute it. Contact the reporting agency in writing and provide proof of the error, such as a court order showing expungement or a dismissal. The agency must investigate within 30 days and correct any mistakes. If they fail to do so, you can file a complaint with the California Department of Justice or the Federal Trade Commission. Employers who make hiring decisions based on false information may be held liable. Always keep copies of your records and monitor your reports regularly.
Are background checks public record in California?
No, criminal history records are not public in California. They are confidential under Penal Code § 847 and the California Public Records Act. Only authorized parties can access them, including law enforcement, courts, licensing agencies, and the person named in the record. Employers must use a certified consumer reporting agency to get a background check, and they cannot share the results publicly. Third parties without permission cannot obtain someone else’s criminal record. This protects privacy while allowing legitimate checks for employment and safety.
Do federal background checks go further back than state checks?
Federal background checks can include records from across the U.S., but they do not necessarily go further back in time than California state checks. California’s DOJ database includes records dating to 1850, which is older than most federal systems. Federal checks may show interstate crimes, federal convictions, or immigration violations not found in state records. However, both state and federal checks must follow the same rules about expunged or sealed records. Employers using federal checks must still comply with California’s Fair Chance Act and FCRA.
California Department of Justice – Criminal Records Division
Phone: (916) 210-3300
Website: https://oag.ca.gov/fingerprints
Hours: Monday–Friday, 8:00 AM – 5:00 PM (Pacific Time)
Address: P.O. Box 903417, Sacramento, CA 94203-4117