A Guide to California Background Check Laws
2 March 2026
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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.
Here are some specifics that every
CRA and employer needs to know in 2026, not only to act within California law but also to make the best use of background checks and to have realistic expectations about what they will accomplish.
California DOB Redaction Information
Date of birth may no longer be used to identify criminal defendants in California public records. This is due to a 2021 decision, All of Us or None – Riverside Chapter vs. W. Samuel Herrick. Since this decision, California Superior Courts have removed DOB as a search field in online portals and on public access terminals in courthouses. Driver's license number has also been redacted from these publicly searchable databases.
This restriction continues to have a serious impact on California criminal background checks. Often, an individual's name is the only identifier available in digital searches, and because most names are not unique, they cannot accurately identify a person.
To remain compliant and ensure accuracy, an in-person visit to a county courthouse by a professional researcher is often required to confirm identities. While there have been ongoing legislative efforts through 2025 to restore access, the current reality still necessitates physical court-runner verification.
What Shows Up on a California Background Check?
California background checks may include criminal history, civil court cases, education verification, employment verification, driving records, credit checks, and healthcare sanctions.
- Criminal History: A report may show convictions for felonies and misdemeanors. However, under California’s expanded Clean Slate laws (SB 731), many older or eligible convictions are now automatically sealed and will not appear on a report. Additionally, reports are not allowed to show any arrest, indictment, or trial that did not result in a conviction. Convictions more than seven years old typically may not be listed.
- Civil Court Records: These may show legal history not related to criminal activity, such as restraining orders, lawsuits, and tax claims.
- Education and Employment: Verification reveals institutions attended, degrees awarded, professional licensing, and past job titles or dates of employment.
- Driving Records: These include moving violations, suspensions, and accidents. Note that as of 2024, California law (AB 2188) protects employees from discrimination based on off-the-clock cannabis use; therefore, drug screenings must focus on current impairment rather than past use.
- Credit Reports: State law is very strict here, allowing credit checks only for specific roles, such as management positions or jobs with access to $10,000+ in cash.
California Background Check Laws Employers Must Know
State law governs the use of criminal background checks and credit checks. Some localities have their own laws that are stricter than state law.
When an employer orders a credit report on a job candidate, they must follow several steps. They must tell the applicant that a credit report will be used in the hiring decision. They are required to give the candidate the name and address of the CRA that will be conducting the check and issuing the report. They must provide a copy of the report, without charge, to the candidate, at the time it’s delivered to the employer.
Here are some specific laws that California employers must know and observe.
FCRA
California employers are required to comply with the federal Fair Credit Reporting Act (FCRA), which requires written disclosure and consent. However, California’s Fair Chance Act goes further: employers generally cannot inquire about criminal history until after a conditional offer of employment.
If a disqualifying record is found, the employer must perform a documented "Individualized Assessment" to determine if the conviction has a direct impact on the job duties. If the candidate is not hired due to the report, the employer must follow a specific adverse action process, providing the candidate five business days to respond with evidence of rehabilitation or to dispute accuracy before a final decision is made.
CCRAA
California has its own regulation, the California Consumer Credit Reporting Agencies Act (CCRAA). It limits the situations in which an employer may order a credit report on a candidate or on someone who is already an employee. Employers must have a legitimate business need to see a credit report, and the CCRAA spells out what constitutes such a need. The employer must not only provide written notice to the individual that it is ordering the report but also name the specific basis, or legitimate business need, for running the report.
Credit reports are not allowed for most employees. There is a restrictive list of the jobs for which a company may order this report. They are:
- Jobs at the California Department of Justice.
- Management positions.
- Certain positions for which a credit check is required by law.
- Jobs in which the employee will have access to proprietary information or trade secrets.
- Jobs in which the employee will have regular access to cash of $10,000 or more.
- Jobs in which the employee will have access to personal client information such as bank account information, credit card information, or social security numbers.
- Jobs in which the employee can sign for the employer’s bank or credit card accounts or can authorize money transfers.
Investigative Consumer Reporting Agencies Act (ICRAA)
The ICRAA limits what criminal information a CRA may provide. They may not report convictions more than seven years old or any records that have been automatically sealed under California's "Clean Slate" laws. They may not report charges and arrests that resulted in non-convictions. These restrictions apply regardless of the position or salary. Furthermore, under 2024 laws (AB 2188), employers generally cannot use background checks to discriminate based on off-the-clock cannabis use.
A wholesale screening service with a deep knowledge of state and local laws can help CRAs and employers be confident they’re acting within the law. Eagle Eye Screening Solutions is integrated with platforms like Deverus, Digital Delve, Accio Data, and Tazworks. We utilize professional court runners in all 58 California counties to verify identities in an era of redacted public records.
Contact Eagle Eye Screening Solutions todayfor trusted and accurate information regarding compliant 2026 searches.
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