Background Checks — What Are My Rights?

If you’re applying for a job, or want to keep one, you’re going to have to accept that background checks are becoming a part of work life. An estimated 50% of resumes submitted by job applicants contain false or inaccurate information. Bad employees who slip through the hiring process can also create significant legal liability for their employers in the form of lawsuits for negligent hiring, negligent retention, or vicarious liability for employee misconduct. Employers are increasingly finding that their best defense is to conduct thorough background checks into job applicants and existing employees to weed out the potential troublemakers.

What Can Employers Find Out about Me?

Answer: A lot. Different employers will investigate different things. Some will be more thorough than others. Some will hire an outside investigation firm. Some will do it themselves. Following are the kinds of information about you that employers or their agents might investigate here in California.

Credit Reports. Negative credit information will appear on credit reports for 7 years. For bankruptcies, it is 10 years. Although bankruptcies are public record, employers are NOT permitted to discriminate against you based on them. Credit reports are available from Experian (888) 397-3742, Equifax (800) 685-1111, and TransUnion (877) 322-8228.

Criminal / Arrest Records. Employers can consider criminal convictions only if it’s relevant to the job. Employers in California can review job applicant arrest records ONLY if (i) the arrest(s) resulted in a conviction, or (ii) if the applicant is out of jail but pending trial. Otherwise, arrest records are off-limits. Felonies, misdemeanors and arrests are reportable for 7 years. [Cal. Civil Code §1785.13]. Employers in California can NOT inquire about marijuana convictions that are more than 2 years old. Juvenile criminal records are also off-limits to employers.

Worker Compensation Records. Employers may only use this information if an injury might interfere with the applicant’s ability to perform specific job functions. In California, employers can access these records ONLY AFTER making the job applicant an offer, and they can NOT then rescind the offer based on them [Cal. Labor Code 132a]. However, worker compensation records also show prior employers where applicants had filed prior worker compensation claims. If the applicant failed to disclose any of these prior employers during the application process, this can be grounds for termination. Employers can access worker compensation records by submitting a “Request for Public Records” with the California Workers’ Compensation Appeals Board (WCAB) and confirming that they need the information for legitimate reasons.

References. Employers can speak to references, including past employers, friends, neighbors or associates, about your character, general reputation, personal characteristics, or mode of living. [Cal. Civil Code § 1786(B)(iii)]. California code refers to this as an “investigative consumer report” and imposes special requirements on employers who conduct these. If a former employer makes a false derogatory statement about you, you may have a legal claim against them. Generally speaking, California law protects former employers from liability for defamation if they comment on a job applicant’s job performance or qualifications. However, if they act with “malice, this protection won’t apply. [Cal. Civil Code § 47(c)]. California law also prohibits employers from intentionally interfering with former employees’ attempts to find jobs by giving out false or misleading references. [Cal. Labor Code § 1050]. Most employers don’t want to run the risk of getting sued and are willing only to confirm a job applicants’ dates of employment and position with them.

Medical History. The federal Health Information Portability and Accountability Act (HIPAA) as well as the California Confidentiality of Medical Information Act (CCMIA) both impose strict requirements for preserving the confidentiality of your medical information. In addition, California’s disability discrimination laws [Cal. Government Code § 12940 et seq.] (as well as their federal counterparts, the Americans with Disabilities Act and Title VII of the Civil Rights Act of 1964) prohibit employers from inquiring about your medical condition or mental or physical disabilities. Employers can ONLY inquire about your ability to perform specific job functions and that’s it. Insurance-related medical history information is available from MIB Group (866) 692-6901.

Education Records. Employers can obtain certifications of years of attendance from the educational institutions which applicants list on their resumes by directly contacting them. School records are otherwise confidential and employers can NOT access them without the student’s consent.

Checkwriting History. Available from ChexSystems (800) 428-9623; Shared Check Authorization Network (800) 262-7771 Fax: (800) 358-4506; TeleCheck (800) 735-3362.

Tenant History. Available from ChoicePoint (877) 497-0011; Safe Rent (888) 333-2413

DMV Driving/Vehicle Registration Records. Employers can obtain your driving and vehicle registration records without your consent. They are available at the California DMV (800) 777-0133.

Insurance Claims Reports. Available from ISO (800) 888-4476.

Immigration Records. Available by filing Form I-9 with the Bureau of Citizenship and Immigration Services (formerly INS) (800) 375-5283.

Military Records. Employers can obtain your name, rank, salary, assignments and awards without your consent.

Other possible records.

– Drug Test Records

– Social Security Records

– Court Records

– Property Ownership

– State Licensing Records

– Sex Offender Lists

NOTE: the time limitations on adverse items contained in the above do not apply if you are applying for a job that pays $75,000 or more a year. [15 U.S.C. §§ 1681 et seq.]. Also note, the foregoing is very state-specific. We’ve focused on California only.

What Are My Rights?

In the Information Age, employers can get their hands on a LOT of personal information about you the employee or job applicant. But that doesn’t mean you don’t have rights. Federal and state laws exist to protect your privacy from overly-inquisitive employers.

Fair Credit Reporting Act (FCRA)

In 1970, the federal government enacted the Fair Credit Reporting Act (15 U.S.C. §§1681 et seq.) to protect the privacy of consumer information and ensure consumer report accuracy. The FCRA was amended by the Fair and Accurate Credit Transaction Act of 2003 (FACTA) to also address identity theft and medical information privacy.

Most people think of the FCRA as regulating the credit reports you use to apply for credit cards, home mortgages and car leases. But the FCRA does much more. For instance, it also regulates employer background checks on employees.

In particular, the FCRA requires employers to notify you in separate, formal, prior written document that they may conduct a background check on you. If the employer intends to use an outside investigation agency, then the employer must also get your prior written authorization.

If the employer decides to reject your job application or request for promotion or job reassignment, etc., based on a background check that has been conducted by an outside investigation agency, then the FCRA requires the employer do the following:

– BEFORE taking the action against you, the employer must give you a “pre-adverse action disclosure” consisting of a copy of any reports on you, and a copy of “A Summary of Your Rights under the Fair Credit Reporting Act”

– AFTER taking the action against you, the employer must give you an “adverse action notice” consisting of oral, written or electronic notice of the employer’s decision and the fact that it was based on what the background check revealed, contact information for the outside investigation agency used by the employer, a statement that the outside investigation agency was not responsible for the employer’s decision and can’t give specific reasons for it, notice of your right to dispute the accuracy or completeness of the reports on you, and notice of your right to receive additional copies of reports on you from the outside investigation agency within 60 days of your request.

The employer is not required to give you a “pre-adverse action disclosure” or “adverse action notice” if the employer did not use an outside investigation agency but instead conducted the investigation itself.

The Federal Trade Commission (FTC) is responsible for enforcing the FCRA. The FCRA applies in all 50 states.

California Information Privacy Act (CIPA)

California state law takes the minimum employee privacy protections contained in FCRA and builds on them to make them even tougher through the California Information Privacy Act (Cal. Civil Code §§ 1785 et seq.) (CIPA).

Like FCRA, CIPA imposes tougher requirements on employers who retain an outside investigation agency to conduct the background check, versus employers who do it themselves.

If the employer is doing the investigation itself, CIPA requires the employer to give you a checkbox to receive a copy of background reports about you. The checkbox can be contained either in the job application form or in the written notice of the background investigation required by FCRA. If you check the box, a copy of the reports about you must be sent to you within 3 business days after the employer receives them.

If the employer is using an outside investigation agency, however, CIPA requires the employer to first give you a “clear and conspicuous” notice in writing of the “nature and scope” of the background check [Cal. Civil Code § 1786.16(2)(B)(v)]. This enhanced notice isn’t necessary if the employer is doing the background check itself.

If the employer decides to use an outside investigation agency to interview references about you, the employer must also (i) state the purpose of the investigation, (ii) give you contact information for the investigation agency, (ii) give you a summary of your rights to see and copy any reports about you, and (iv) provide you a checkbox which you can check if you want to receive a copy. If you check the box, a copy of the reports about you must be sent to you within 3 business days after the employer receives them.

An important exception: if the employer is doing the background check due to suspicion that you’ve engaged in wrongdoing or misconduct, then CIPA relieves the employer of the requirement to give you notice of and obtain your consent to the background check. [CA Civil Code § 1786.16(2)].

What Do I Do Now?

First, there’s nothing stopping you from doing your own background check ON YOURSELF. If you’ve been getting turned down for jobs and don’t know why, this might be a good thing to do. In many cases, there is no charge once you’ve proven you are who you say you are. And don’t forget to request copies of your personnel and payroll records from previous employers. See my previous post explaining how to do this. If you spot any errors, make sure you get them corrected right away. Among other things, it could be a sign that your identity has been stolen.

When applying for a job, or if you’ve already been turned down for a job or promotion, make sure you’ve checked the checkbox on your job application, investigation notice, or adverse action notice in order to receive a copy of the background reports about you. Once you receive the reports, review them and correct any inaccuracies you find.

If you believe an employer has failed to comply with the FCRA and/or the CIPA, talk to a lawyer right away. You may have a claim for damages, including legal costs, attorney fees and punitive damages, against the employer.

For more information, go to Privacy Rights Clearinghouse


  1. Concerned citizen on September 18, 2023 at 2:09 pm

    Does anyone have a negative experience with arrests that did not lead to conviction? I know the article above states that employers are not allowed to use these arrests against you but the law regarding this is not 100% clear on which employers are “not allowed” as the language is a bit ambiguous. It keeps mentioning “most employers” but does list which ones exactly. It does however state that law enfocrement agencies are the exception but I want to know what others.

  2. Chris on July 20, 2022 at 2:11 pm

    I live in California… Lyft hired me as a driver after my checkr report came back with a conviction I already knew I had, but then within a week or two they turned around and conducted another background check using a different company (advantage) and let me go as a driver for the exact same conviction that’s shown on my report. Is that even possible for them to do? I feel like they were just playing with my life here, being some kind of tease.

  3. John k on September 1, 2021 at 6:09 pm

    I live in California and drive for Uber, and on August 14th I was informed that I had to give consent for my yearly background check.
    No problem I thought, I go through it every year with Lyft and Uber.
    My background expired on the 15th, so they only gave me 24hr notice.
    Needless to say the background was not done on time, and I have been unable to drive for 17 days and counting.
    No Uber income and since Uber pays a stipend that goes toward my health care insurance based on quarterly active hours, my health care insurance is also in jeopardy.

    I contacted Uber and their background company, Checkr and was my background is complete except for the Orange County criminal court report.
    They both said to be patient and that is being held up by covid related court closures.
    I was dubious because I had both Lyft and Uber clear me a year ago to the day, during the height of the pandemic.
    My doubts were reinforced when my wife who also drives for Uber, did her background check.
    Uber submitted her background request to Checkr on the 25th, 11 days after me.
    Her report was finish on noon the 27th.
    Her exact same report was completed by Checkr in 1 1/2 days.

    I decided to pay from my own pocket for a company to run my background check, and they completed it in a few hours.
    My record is clear, absolutely no issues.
    I have been contacting, calling emailing Uber and Checkr with no results.

    I am now in limbo, Uber wants a report from Checkr, but Checkr is unresponsive and most likely will never investigate what happened to my background report.
    The end result is I can’t work through no fault of my own.

    These background companies have such power over our lives and yet there is nobody to talk to live, only emails, that from what I can tell is being rerouted to a low cost of labor country like India or maybe the Philippines.

    Can I pursue legal action for lost wages and the stress they have caused me?
    How can I legally force Checkr to review what went wrong on their end, and make them finish the report and provide it to Uber?

    I never thought that I would ever be caught in this unsolvable nightmare.

    • Imardeep Ghuman on August 2, 2022 at 3:59 pm

      I have exact same issue , they ask for consent on july 1st and it is expired on july2nd, and today august 2 still not be able to go online.
      Can u tell me how yours is resolved.
      My email is

  4. Absolute Background Search on August 21, 2021 at 2:09 pm

    While having background checks done is an integral part of the hiring process, it is just as important to understand both sides of the story. Most states and the EEOC ban questions about arrest records and restrict the use of conviction records for new hires. Conviction records can be used during the hiring process IF it is not used to disqualify a candidate. The only way that a criminal conviction can affect the hiring of an employee is if there is a direct relationship between the offense and the position sought. THIS IS NOT LEGAL ADVICE.

  5. Honest_Citizen on August 21, 2020 at 2:12 pm

    If I was convicted of a felony in california, are out of state employers restricted to the 7 year background check limit?

  6. Casey on June 25, 2020 at 7:19 am

    Hello my name is Casey. I was told by the local head manager at our local dollar general that they had hired me. I felt that was strange being I hadn’t applied for any position. The manager advised me to call this 800 number and told me they will tell me what steps I would need to take next to be hired. They had me scroll to the bottom of the careers page and had me click on Express Hiring. I continuously attempted to complete that process but constantly was held back from completing because the Equifax website was doing maintenance for a week or so straight. That seemed odd. Then I finally get this all done I look at this email I receive and it claimed I was hired on May 23, 2020. Even though I’d never been interviewed and I wasn’t directed to the Express hire until almost mid June this year. So then they run the back round check. I receive the report overview which clearly stated that I am Eligible. It quote unquote said ” status=Eligible” Meaning Eligible for hire. I get told by the other store manager I’m good. My report came back golden eligible means hire able. So I call both managers daily eager to start employment for a company that hired me without an interview DG and get my hopes up. Go to the local store they copied my drivers license and social security card and then one of the managers calls me from their cell and tells me that the District Manager saw something on my report that makes me uneligible. It’s like are you kidding me the report said eligible. So I called and asked the 3rd party company if my Eligible status did indeed conclude I have nothing to prevent me from performing the duties that would be required of me on my backround report. What should I do here??? It doesn’t seem legal. It doesn’t seem ethical and it feels like I’ve been discriminated against. I have no probation/parole never been to prison no pending cases etc.

  7. Gerri Nielsen on August 15, 2019 at 11:54 am

    I recently applied for a position with a Calif. Fire Dept. I passed the interview and physical requirements.but did not pass the background. I was able to find out confidentially that the investigator felt their were several discrepencies. My Bio was totally accurate. I asked for a copy of my report and was told its against their policy to give that out. Is that legal?

  8. Michele McKinley on June 6, 2019 at 12:16 pm

    I was working at Wal-Mart for 4 years and got a promotion for Apa. I was job offered and given the position three months later they did the background check and drug test. I had a misdemeanor and got terminated. Was that fair?

  9. gabriel on April 30, 2019 at 6:44 am

    on January 25, 2019. I began working on March 07, 2019 at a Children’s Center. On Tuesday March 19th, I was in my assigned classroom. my site supervisor called me out of the classroom to speak with me. When I stepped out of the classroom, she informed me that my background clearance had an issue. Which was strange to me because I’m registered with Trustline 15) and i had already obtained a Exemption status approval by the department of social services for a criminal conviction in 2002. The charge of driving without a license. I was pulled over and arrested. I had a warrant due to defaulting on the payment plan issued by the court. The original charge was in 1998 and 1999. I spent 4 days in county jail. I was release on the 5th day and, some charges was dismissed. I was charged with a misdemeanor, but I did received credit as time served. Is the a violations of California’s arrest records/Criminal record limitation? The arrest record was 17 year ago. Did the department use bias in the review of my criminal history, being that I’m latino male, and the stereotypical criminal profile is a latino male and african american male. Factors of my criminal conviction should not have played a role for the type of employment I applied for( teacher).one, The nature of the crime. two the relationship to the position and, three. The time since the conviction had nothing to do with the position. or Whether it would cause an unreasonable risk to the business or its customers or vendors. I’ve been off work since March 19, 2019 pending investigation/approval of my criminal record. I was previously employed on April 18, 2018 at a learning center. A license child-care facility and was granted a criminal exemption to work there. all that should have been process, is a transfer request. I understand that i will be reviewed again. Under the laws and regulation of Child care licensing facility, I am allowed to work during the transfer process, as long as i have been granted and approval of an exemption by department of social services. The process is expedited within a week. Why was i taken off work? I was told that I am not allowed to work during this process, due to school policy. I was assigned long term to facility and possibly hired on after long term assignment would have been completed. My assigned was from March 11 2019 to June 28, 2019. I took a look at the department website and it provided me with rules and regulations, as well as the process. I would like a written account of events that took place leading up my account being deactivated and suspension/hold/terminated from my long term assignment. I’ve lost a little over 2,000 dollars in wages up to this point. I’m about lost additional 4,000 left on the table due to being removed from my long term assignment.have I been discriminated against? have my civil right been violated?

  10. […] I no longer use marijuana and I am happy to submit to random drug screenings at any time.From can consider criminal convictions only if it’s relevant to the job. Employers in California can […]

  11. juan jamarron on November 2, 2018 at 5:10 pm

    hi my name is juan and i applied for uber and they denied work because they went pass 7 years of background check if califofnia ask for 7 my convictions are 8 years old and they also found one 13 years ago what can i do. they found two 8 years ago and one 13 years ago. do i have any rights. can i fight it.

    • Angelina on April 8, 2019 at 4:37 pm

      Hey there Juan. I had a felony from 10 years ago on my record and it took almost 3 months if I recall correctly, just to approve me. They finally let me drive for the company. I called the employee labor department and asked them about my background report because I was under the impression that no employer could go back 7 years. I did some research and found out that when it comes to independent/ride share companies, they actually CAN check it past 7 years. It really upset me because sometimes mistakes are made. I know that when mine occurred I was young and had never been in trouble in my life. Ever. I couldn’t believe that they gave me the charges they did under those circumstances. Of course I let my employers know before hand just to avoid any awkward conversations..however it really threw me off when I found out the rules regarding background checks. Go to the FRCA web page and there you will find info. You can also call the Federal trade commission. They will give you all of the info you need to know. I am pretty upset because my background still comes up when employers run it even though it’s past 10 years. It is embarrassing and really just something that I put behind me since it was never who I was to begin with. The nature of your felony could have been what got you rejected. If you have a hard time with any job, always remember to never give up, have faith, be honest, and always try. There are also job sites that offer 1000s of companies who hire past felons. Hope this helps.

  12. ACE on October 26, 2018 at 7:26 pm

    No criminal record, No bankruptcies, No Dui’s or Tickets addresses, education and character all true to story. Super low credit score with school loans and a few 2-3 collection accounts. I need to get this Alarm company job pretty popular national company. They do an ADP “Investigative consumer report” I’m shitting my trousers. This is a technician position and they provide a company car and maybe a company pay card. No finances will be handled on my part though. Would I appear as a liability to them?

  13. JC on July 24, 2018 at 11:52 am

    Can an employer require a prospective employee to pay for their own fingerprinting and Live Scan (background check) as a condition of employment?

    • Mark Benois-Green on August 3, 2018 at 8:13 pm

      No they must pay for it.

  14. Twinkle on July 20, 2018 at 3:54 pm

    Oct, 28th 2017. A job offer I was suppose to start the very next day, was rescinded do to a forgery charge I was sent to Prison for. I was sentenced, and this is all in California, on Oct. 29th 2008. Seriously. It was 9 years prior almost to the date. The base pay was $17 an hour. It almost came with bonuses plus commission. But obviously, $17 a hour isn’t over $75 yearly. I was told that it would be 5 grand a month total. Still under 75k. It’s 60k. So I would then have a case? I got a 75 page report back. Most of my record has been dismissed. But the charges still showed up. I did complete drug court. Haven’t have new charges since 2012.

    • Mark Benois-Green on August 3, 2018 at 8:23 pm

      How do you have a case if you had a new case @ 2012? That’s not 7 years.

    • Eric Baker on August 22, 2020 at 11:53 pm

      The way this works is that the law states that the background check can go back 7 years.

      Federal sentencing requirements imposed on the states for anything relating to state penal

      institution, I.e. “Prison” sentence of 1 Year carries a minimum of 1 year of post sentencing reentry and monitoring or supervised release program also known as “Parole”.

      The sentence is not considered “competed” or discharged until the very last day of any additional condition of said crime including parole. Furthermore if you are on probation or owe a fine as part of said crime or have any classes or continuing care, supervision or monitoring, Then the crime and related sentence is not considered “complete” or discharged until EVERY condition is satisfied to the court and the court issues a satisfactory judgement discharging the case.

      So if you owed restitution for $100,000 and it took you 15 years to pay it, then the related case will be available to a background check + 7 years from the exact date you paud it and the judge issues an order releasing it from the dockett.

  15. Marie on May 24, 2018 at 7:41 pm

    Im currently employed at a company based out of Cali, I, however work in Texas. Well, I applied for a higher position and its the same background for the position im in and the one i was applying for, my boss was even trying to help me get the position. So, i find out that because i had a 4 yr old misdemeanor for possesion of marijuana i cant get the position, can they use that against me? I was under the assumption that misdemeanors couldnt be held against you.

    • Eric Baker on August 23, 2020 at 12:07 am

      Misdemeanors can be held against you if the state law allows them to be. Most states have a provision stating that a background check resulting in a person being denied a position based solelyon background check findings that the type of charge found on the background and used against you MUST in some way DIRECTLY have an impact on the job due to the nature of the offense. For example, If you are convicted of a forgery and a bank decides to use that against you because of the risk directly upon the jobs duty to document thoroughly and accurately or it could result in serious financial damage to the company or customers.
      Or if you are convicted of child abuse and you are denied from teaching or working on school grounds. If you feel that you are wronged by this decision you may challenge it in civil court or with EEOE, the state labor board, a union and or the FTC.

      • Angela Carrillo on September 22, 2021 at 10:12 pm

        I have a question. I have worked for a prestigious medical insurance company in California since 2003. I have a felony but I was convicted after I was hired. I was able to move up within the company. I make about 75000 a year. Recently because of our contracts with one of our insurance carriers we had to get live scanned. I was hired I. June of 2003 and co evicted in october 2003. It showed up and I spoke to hr and the hr rep just told me to talk to my manager my manager at the time just stated I could not process any coverages for that certain carrier. Since then my manager has changed and our company was sold we all were on a conference call today and the live scan for this carrier was brought up again. What should I tell my manager, she is aware that I am unable to process any transactions with this carrier however she really does not know the real reason why. I know that if I do the live scan again it will show because I can’t get an expungement until I get the balance down which will probably be another 3 years because I am in school and working. What are my options. I really dont want to go through explaining it’s like reliving the situation and I feel my manager will view me differently. What are my options and what should I do. Please help me I dont want to lose my job. I have had no other issues. Thanks angy

        • Shelly on July 28, 2022 at 6:34 pm

          Be truthful. Own what happened and accept the consequences. You’re ducking and doting and you need to just be honest.

  16. Laura Miller on January 21, 2018 at 1:40 am

    I have a question unrelated to a background check. I applied for a job which is approximately 29 miles from my residence. I was required to take two written tests. I passed both tests, one of which I was told I was the highest score. I was then called in for an interview and then went back for a second interview with two managers. It was during this 2nd interview that one of the managers commented that my resume “did not show anything close” referring to the distance. He chuckled when he made this comment thus I chuckled in response. The next day by 9am I get an email saying that while the position has not been filled, I was not selected. So after passing both tests and going in for two interviews, I was not selected because one manager felt I live too far. I feel this was unfair because the job description never mentioned that the applicant had to live within a specified radius of the company. Which agency in Southern California (Orange County area) do I contact to submit a complaint about this company?

    • Shelly on July 28, 2022 at 6:36 pm

      Unfair or not, a company has a right to not hire for non-discrimination reasons. Time to just look for another position.

  17. Corey on November 16, 2017 at 1:36 am

    I received a letter from a Police Department of being DQ’d for not meeting the minimum standards of the background investigation of this department. There is no reason on it, aside from what is stated, and when I called the investigator, he won’t tell me anything, keeps saying its confidential. Ive passed other police department investigations, federal background investigations, never done drugs, no criminal background, 7 years military LE, current federal LE. I am the perfect candidate, but yet somehow I don’t qualify for this department who is actually hurting for 10+ bodies on patrol? Also, after 9 weeks since I signed the release of information so he can talk to people, no one I know has been contacted, none of my jobs have been contacted, so it implies my investigation never even took place, but yet I DQ’d?

    • JR on November 28, 2017 at 11:45 am

      You should have asked for a copy of the report at the time of Authorization for them to run it. They must provide you with a copy if you request it or if it has information that would lead them to now hire you. its under the laws in the EEOC. You should contact the FTC.
      If an employer got your background report without asking your permission, or rejected you without sending you the required notices, contact the FTC at, or by calling 877-FTC-HELP (1-877-382-4357) (voice) or 866-653-4261

  18. Alicia on November 11, 2017 at 9:40 am

    Question I got hired for UPS when filling out my application it asked if I had been convicted of a misdemeanor or felony in the past year I said yes it she’s if I had been released from jail or am I on probation I said yes it asked for probation officers name and number which I gave I worked for 2 weeks and 2 days before they called me to HR to tell me I didn’t pass background check and I still haven’t been paid for the time I did work I quit my other job to work here and now I’m unemployed is this legal

    • Eugene Lee on November 12, 2017 at 2:26 pm

      They have the right not to hire you for those convictions. But you must be paid for the work you Did. At this point, they owe you for unpaid wages PLUS penalties. You should consider filing a labor board complaint

  19. Andrew Larsen on March 19, 2017 at 5:29 am

    can an employer demand an MVR and treaten retaliation if i do not consend?

  20. MS on January 28, 2017 at 10:08 pm

    I applied for a job for humanitarian and human rights activists, I had my interview it went very well, then Laura who was interviewing me offered me a job saying that she would like for me to proceed with the organization that I fit perfectly, but when the question came, background check any criminal record, I mentioned to her that I had a misdemeanor, I wrote down explaining my case, she gave me few papers to take home and said I’ll call you if I need any more information, one month I haven’t heard from them imagine human rights organizations!! Was there discrimination if she offered me a job the after I mentioned my misdemeanor never heard again..

    • Shelly on July 28, 2022 at 6:39 pm

      No discrimination. The company just decided not to hire you.

  21. Mike on December 23, 2016 at 9:47 pm

    The employer did the backgrounds themselves, however, I did not check the box to receive all the reports. Do I have a right to them after the fact?

  22. Evalee Aqui on January 12, 2016 at 7:50 pm

    My employer never ran a background check on me, though they said they were going to. After a year of employment, they stated that they were doing an audit on their background checks for employees and are now requesting to do one on me. Is this legal?

  23. Brenton H. on January 9, 2016 at 9:28 am

    Can a CA employer initiate a background check prior to a contingent offer?

  24. musicmonster on January 22, 2015 at 11:54 am

    Hello, I just accepted a new Job, I live in Southern California and the company is based in NYC. It pays 100K, because of that pay scale will the back ground check show my misdemeanor conviction 20 years ago?

    • Mary on June 24, 2016 at 4:04 pm

      What’s the answer?

    • JR on November 28, 2017 at 11:40 am

      They are only allowed to go back 7 years, however some states allow 10 years.

  25. musicmonster on January 22, 2015 at 11:31 am

    the job I accepted is paying over $75,000.00 and when I was in my early 20’s I pleaded guilty to a misdemeanor, with was a little over 20 years ago. will that come up?

    • Shelly on July 28, 2022 at 6:40 pm

      they can only go back 7 years. But they could find out about the misdemeanour. Best to be honest about it.

  26. john on January 16, 2015 at 12:05 am

    if igothurt on my job and was unable toretain my gr8 credit do to workmans compfighting me 4over a ear tell igot payed and et i could not begin to fix my credit can my inployer use it as gound 2 temenate my job whatr if iam all ready inployed withthe compney and out on workmans comp

  27. Just me on March 18, 2013 at 5:09 pm

    If a potential employer does a workers comp search, how far back can they look? mine was almost 10 years ago, and rather than continue to receive benefits after 3 months, I just resigned. Will that appear negative to a new employer in the same industry?

  28. RJH on January 21, 2013 at 10:51 am

    Can a prospective employer ask for past W2’s and tax information as condition of employment?

  29. Sarah N on December 10, 2012 at 3:35 pm

    I know the individual who will be conducting my background check, and I know she is a gossip. Is there a provision of law that specifically prevents her from divulging the information in my background check? (Except for my other employers of course.)

  30. Heather_ripley on October 11, 2010 at 11:00 am

    I have an interveiw tomorrow and have been asked to fill out a form for a credit report. My issue is how can they ask me to fill out this form when it clearly asks for my date of birth. Then they will know my age and it’s it against the law for them to ask ones age? They are getting around it by asking for a credit report then? I’m in my late 40s and think they may use this against me since they can hire someone else much younger for probably cheaper. Is there no way out besides providing them with my own credit report?

  31. John on June 2, 2010 at 1:31 am

    Sadly you have no rights.

    If you have a back ground check and say you have a bankruptcy. They can just not hire you and say that had nothing to do with it. Even though it was the only reason you went from them saying your our top choice so far we will let you know this week to never hearing from again.

    Allowing buisnesses to do this as part of the hiring process is just wrong. (( Although bankruptcies are public record, employers are NOT permitted to discriminate against you based on them))

    This is just wishfull thinking. Buisness will even fire you over your credit score if they feel like it. Rich people know the fastest way to stay rich is to surround yourself with others that have money. Uninforcible law is the same as no laws at all. You have rights on paper, but that is it.

    The same can be said on almost any aspect of a back ground check. If they can get their hands on it consider it used in any way they see fit. The burden of proof is on you if you try to fight it and you are in a system that makes sure you have no proof.

  32. Eugene Lee on February 10, 2008 at 2:30 pm

    Law Guy, Thank you. Please let me know if there’s a topic you’d like me to address here.

    • mashytka4 on January 7, 2013 at 12:45 pm

      if i commited petty theft will i not be able to work in the medical field?

  33. Law Guy on February 9, 2008 at 7:00 pm

    Great info! Most people dont know how to do there own background check to see if there are inaccuracies.
    Also can california stop hurting workers benifits for people with serious accidents and treat them mor like human beings!

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