Complete Guide to California Background Checks

Keep reading to learn more about California background check requirements, what a California state background check may report, and how to get a background check in California.

An employment background check in California is a report of an individual’s records and verifications. Employment background checks may review an individual’s criminal history, driving records, credit history, previous employment and education, and drug screenings. Employers can perform background checks themselves or enlist a qualified background check provider to conduct the report.

Common items covered in California background checks can include:

Employers, staffing agencies, schools, nonprofits, property managers, and licensing bodies may conduct California background checks. The purpose is to confirm identity and qualifications, evaluate job-related history, and meet regulatory or contractual requirements.

Employers run California background checks to support their workplace safety and security and to build trust with potential employees. Screening can help identify candidates’ job-related history and may give some indication of how they relate to people, property, data, and money.

Regulatory compliance also drives screening in the state. Many licensed or regulated roles may include screening requirements, particularly in industries such as healthcare, finance, childcare, education, and government.

Organizations use screening to protect customers and assets. Examples include:

Employers order California background checks either through a consumer reporting agency (CRA) or by requesting records directly from government sources. CRAs coordinate multiple searches in one workflow, while self-service approaches involve separate requests to courts, the DMV, schools, and past employers.

Basic packages often include a national database scan with county criminal court confirmations and sex offender registry searches. Where permitted by California law, comprehensive packages may add:

Fair Credit Reporting Act (FCRA) rules require a clear, standalone disclosure and written authorization from the candidate before the employer may order a consumer report for employment. California's Fair Chance Act limits employers from considering candidates’ conviction history until after a conditional job offer.

Fingerprint-based Live Scans through the California Department of Justice are often used when authorized by statute for licensing or regulated roles. For general hiring, CRAs run name-based searches using identifiers such as legal name, aliases, date of birth, and address history, as well as license number for any driving record request.

California's Fair Chance Act calls for an individualized assessment that considers job-relatedness, using factors such as the nature and gravity of the offense, time elapsed since the offense, and job duties. Before making a final decision based wholly or partially on report content, employers must issue a pre-adverse action notice with a copy of the report and allow at least five business days for a response.

California background check pricing varies by the structure of different packages and by any pass-through fees from courts, state agencies, DMVs, labs, or collection sites. Turnaround times depend on search type, county court access, fingerprint processing, and how quickly third parties respond to verifications.

Typical timelines include:

Checkr offers multiple pricing tiers:

Enterprise agreements can include volume-based discounts, custom packages, and consolidated billing. Third-party pass-through fees are billed separately.

Personal background checks are available at $29.99 per report. The personal background check may include an SSN trace, national criminal database search with county confirmations, sex offender registry search, and global watchlist search.

A California criminal background check typically reports criminal convictions from county, state, and federal courts, including felonies and misdemeanors linked to the individual's identifiers. Reports often list charge names, case numbers, filing dates, disposition, and sentencing details.

Information that is not reportable in California generally includes arrests that did not lead to conviction (unless the case is pending), as well as sealed, expunged, or otherwise cleared records. Some cannabis-related convictions are subject to automatic relief and do not appear on employment reports.

What may appear on reports includes:

What's excluded from reports includes:

California background checks reported by consumer reporting agencies generally include criminal conviction information from the past seven years under state law. Exceptions apply for certain regulated or high-level positions, as well as in some cases when a role meets specific compensation thresholds set by statute.

The seven-year period is typically measured from the date of disposition, release from incarceration, or parole, whichever is later. Pending cases can be reported. However, arrests that did not lead to conviction, sealed or expunged records, and certain cannabis offenses are not reported.

Different report types may also follow different time frames. Negative credit information is commonly limited to seven years, while bankruptcies can be reported for up to ten years. California motor vehicle records often report three to seven years, depending on the record type and use case.

California law regulates when and how employers consider criminal history during hiring. The rules limit early questions about records, define an evaluation process, and set timelines for notices and responses.

The Fair Chance Act prohibits asking about criminal history until after a conditional offer. The law requires an individualized assessment that weighs job-relatedness using factors such as the nature and gravity of the offense, time passed, and the job's duties, along with additional context factors adopted in 2023.

The law restricts consideration of certain information, including arrests not leading to conviction (unless pending), sealed or expunged records, and many juvenile matters. If the person provides rehabilitation or mitigating information, the employer reviews it before sending any final adverse action notice.

Several California counties and cities have their own laws applying to background checks. These laws are usually Ban the Box laws restricting the use of criminal history in employment decisions. Many of these laws have been superseded by the recently expanded statewide Fair Chance Act.

Regulations effective October 2023 expanded how the Fair Chance Act applies. The updates define broader coverage for applicants and employees, including remote roles tied to California. They list new assessment subfactors, such as the person's conduct, context, harm, disability-related considerations, trauma, and time elapsed since conduct.

Delays in California background checks often come from court access limits, data mismatches, and third-party response times. Timelines vary by county and by the type of search or verification performed.

Common delay factors include:

Modern platforms, including Checkr, apply automated county selection, direct-source court integrations, and machine-assisted identity resolution to minimize manual review. This helps deliver faster, more consistent turnaround across California jurisdictions.

Record relief is a legal process that hides or changes how past criminal records are shown. California offers a type of expungement (a court "dismissal"), sealing of arrests and convictions, certificates of rehabilitation, and gubernatorial pardons.

Expungement under Penal Code 1203.4 is available after finishing probation or a court-ordered sentence in many cases. A judge can allow a person to withdraw a plea, enter a not-guilty plea, and dismiss the case, which updates the record rather than erasing it.

Automatic conviction relief exists under Penal Code 1203.425. Many misdemeanor convictions and some felony convictions qualify for automatic relief after completion of all terms and a crime-free waiting period, with exclusions for certain serious or violent offenses.

California cannabis relief laws require review and relief for eligible marijuana convictions. Many eligible cannabis convictions have been recalled, re-sentenced, reduced, or sealed without a petition.

With state and local laws regulating background screenings, in addition to federal laws and industry regulations, conducting a background check in California can be complicated. Working with an experienced background check provider, like Checkr, can streamline the process.

Checkr’s modern platform and automated workflows reduce manual effort for your HR team, helping you hire faster. Built-in tools to support compliance and simplify adjudication help to reduce bias so you can confidently make hiring decisions. Our advanced data technology delivers accurate reports quickly, while our candidate portal provides live support and real-time visibility into the status of background checks. It all adds up to a better experience for both you and your California candidates. Get started with Checkr.

The resources and information provided here are for educational and informational purposes only and do not constitute legal advice. Always consult your own counsel for up-to-date legal advice and guidance related to your practices, needs, and compliance with applicable laws.