California Background check basics for HR — Ask HR AI

What changes in California

Report lookback: 7 years (Cal. Civ. Code §1786.18). ICRAA caps reporting of arrests not leading to conviction and most adverse non-conviction items at seven years. Convictions may be reported beyond seven years for positions paying $125,000+ when explicitly disclosed.
Ban-the-box: Statewide Fair Chance Act + 5+ local ordinances. Cal. Gov. Code §12952 requires a conditional offer before the criminal inquiry, an individualized assessment, and a five-business-day pre-adverse and post-adverse notice sequence. Los Angeles, San Francisco, San Diego, and Long Beach add overlays.
Salary history: Banned (Lab. Code §432.3). Employers may not ask about prior pay and must provide a pay scale on request. SB 1162 (2023) requires the pay range in job postings for employers with 15+ workers.

Try it now

"Review our FCRA disclosure and authorization form for standalone compliance. Focus on California."

Step 1. Use the California report lookback correctly: 7 years (Cal. Civ. Code §1786.18).
Step 2. Follow the FCRA §1681b(b)(2)(A) disclosure and authorization rules and layer any CA-specific consent language required.
Step 3. Respect the California ban-the-box trigger (Statewide Fair Chance Act + 5+ local ordinances) before running any criminal search.
Step 4. Check CA statutes for expungement, seal, and non-conviction reporting rules and configure the CRA to suppress those records.

Yes. The FCRA requires a clear and conspicuous standalone disclosure — not buried in an employment application — before obtaining a consumer report.

No. Courts have repeatedly held that adding a liability release voids the disclosure and creates statutory FCRA liability.

One valid, written authorization can support future reports if it clearly discloses that possibility; otherwise, get a new authorization each time.

Ask HR AI is not legal advice. Confirm any final answers or suggested actions with your employment legal counsel before acting on them.