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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 period7 years (Cal. Civ. Code §1786.18)
Ban-the-Box scopeStatewide Fair Chance Act + 5+ local ordinances
Salary historyBanned (Lab. Code §432.3)
Cannabis testingAB 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.

Related state guides

View the full 50-state matrix →