California Criminal Background Check
California criminal background checks are becoming more important as the state continues to make legislative changes. California employers are required to give notice that an employee will be subjected to a criminal background check before hiring them or within two weeks of employment. Essentially, employers perform a criminal background check in California to verify their employees’ eligibility for employment, conduct an outside inquiry related to specialized work assignments, or fulfill contractual obligations.
Other California background checks are performed for personal reasons for people that want to verify information about someone else
What is an Official California Criminal Background Check?
Official background checks in California is typically defined by the processes by which government entities, employers can determine if a person is eligible for employment or other privileges, such as education, employment history, other past activities, by checking the individual’s criminal history. Moreover, the federal government passed the Brady Bill in 1993, requiring federally licensed firearms dealers to conduct background checks on potential firearm purchasers at the request of law enforcement agencies. California criminal background check helps employers make more informed hiring decisions. However, there are several criminal records that employers will not have access to through the hiring process:
● Juvenile Records
Employers cannot ask about juvenile records relating to arrest, detention, processing, or adjudication in California while the applicant is under 18 years old. California does not regard juvenile court decisions to be convictions that employers could probe.
● Arrest Records
Employers may not ask about arrests that did not lead to convictions or use records related to such arrests in California. However, employers have the right to conduct a criminal background investigation.
● Diversion Programs
Employers may not ask about an applicant’s involvement in a pretrial or post-trial diversion program in California.
● Certain Marijuana Offenses
Employers are prohibited from asking about any marijuana possession convictions that are more than two years old.
● Sealed Records
Employers cannot consider crimes that have been pardoned, erased, expunged, or made to seem like they never happened from someone’s record.
*Note: Employers may not consider any misdemeanor or felony that is more than seven years old if the person has committed no further crimes.
How Far Back Does A California Criminal Background Check Go?
A California criminal background check can go as far back as seven years. This means that if you have a misdemeanor or felony conviction within the past seven years, it will show up on your record with some exceptions.
However, The California Department of Justice (DOJ) is responsible for establishing guidelines and limitations on what information is available to employers, licensing agencies, and the general public.
The state has made finding information easier by allowing law enforcement to submit fingerprint data electronically to make them searchable during the background check process.
Where Can I Run an Official California Criminal Background Check?
A California criminal background check can be a helpful measure for both employers and individuals to take a look at a person’s past history. A wide range of sources are available, from public records to social media sites. However, different rules govern what information is available from different sources.
If you’re considering employing someone in your home or business, it’s important that they have no criminal record. There are various ways to run a background check on someone; one option is to visit the California Department of Justice website and request an online background check with a $25 processing fee. The DOJ also has a convenient service to request a record while you wait at any of the county jail facilities statewide.
Alternatively, if you wish to perform an online search that’s for unofficial purposes, you can use a resource like Search Quarry to perform a criminal background check on someone in California
What Is Included On A California Criminal Background Check?
A California criminal background check is done to learn more about a person’s criminal history for employment or licensing purposes. However, there are a few things that may be included in a California criminal record. These may include, but are not limited to:
- Personal information (gender, name, date of birth, address)
- Race and ethnicity of the individual
- Comprehensive list of distinguishing physical features (tattoos, scars, moles, height, weight, and hair color)
- Any misdemeanors or felonies, including a description of the crime.
Many factors might determine the type of background check an individual or company requests. However, most official criminal background records check consist of these major components:
- Arrest records: Arrest records will show if the individual has been convicted for any crime, even if charges were dropped.
- Criminal History: Court records, sentencings, incarcerations, warrants, prison and jail records, felonies, misdemeanors and infractions
- Sex offender registry search: When someone is convicted or found guilty of a sexual offense, their name will be placed on the registered sex offenders’ list. The list is accessible to anyone with internet access, but some states impose restrictions on public disclosure. The register is not only made up of felonies but also misdemeanors.
- Driving records: California driving records are a compilation of everything from traffic infractions to accidents. The California Department of Motor Vehicles (DMV) provides these records to law enforcement officials and insurance companies to determine if the driver is an acceptable risk. This may include driving record citations, points and DUIs/DWIs
Any time someone applies for a job or wants to purchase car insurance, they will have to provide the last two years of their driving record.
The Importance of Knowing What’s on Your California Background Report
A criminal record can have a large impact on a person’s life. If you are thinking about applying for a job, you may want to know what to look out for, or perhaps just to satisfy your curiosity. If your CA background check is for non-official reasons then a 3rd party public record website will be a good starting point. Most of these online services, like Search Quarry, allow users to perform a background record search anonymously and confidentially. This means you can lookup someone’s background without them knowing you’re looking them up. You can even lookup your own CA background check to find out what you have on your record