California background check laws
A practitioner-grade reference to California pre-employment background screening: lookback caps, ban-the-box scope, salary-history limits, cannabis testing rules, and the statutes the SafestHires compliance team applies on every order routed to CA.
The four levers at a glance
| Lookback period | 7 years (Cal. Civ. Code §1786.18) |
| Ban-the-Box scope | Statewide Fair Chance Act + 5+ local ordinances |
| Salary history | Banned (Lab. Code §432.3) |
| Cannabis testing | AB 2188 off-duty protection + non-psychoactive metabolite rule (2024) |
Lookback period
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 and Fair Chance rules
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
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.
Cannabis & drug testing
AB 2188 (effective Jan 1, 2024) prohibits adverse action based on off-duty cannabis use or on a test detecting only non-psychoactive metabolites. SB 700 bars asking about prior cannabis use. DOT-regulated and certain federal-contractor roles are carved out.
Governing statutes & references
- Cal. Civ. Code §1786 (ICRAA)
- Cal. Gov. Code §12952
- Cal. Gov. Code §12954
- Lab. Code §432.3
- SB 1162 (2023)
SafestHires compliance note
Dual ICRAA + CCRAA disclosure; July 2024 FEHA regulations expand criminal-record assessment requirements.
City-level overlays in California
The following city or county ordinances impose additional fair-chance, ban-the-box, or individualized-assessment duties on top of California state law. Click through for covered-employer thresholds, timing, adverse-action workflows, and enforcement details.
- Los AngelesFair Chance Initiative for Hiring Ordinance (FCIHO)
- Los Angeles County (Unincorporated)Fair Chance Ordinance for Employers (FCOE)
- San FranciscoFair Chance Ordinance (Article 49)
- San Diego County (Unincorporated)Fair Chance Ordinance
