Wednesday, January 2, 2019

California Background Check 7 Years

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California Background Check 7 Years






California Background Check 7 Years


The FCO considers Off-Limits” by employers: A conviction that is more than 7 years old measured from the date of sentencing.” This is in contrast with most federal and states laws (including the statewide criminal reporting law in California1), which limit employers and/or consumer reporting agencies from reporting criminal convictions, from the date of ‘disposition, release, or parole'.” Please Note: Due to State Law If California” is selected as the State of Employment” on our order form then only the past 7 years of criminal conviction records will be returned and no reporting of sex offender records unless they meet an employment type exemption (Ex. Our standard reporting complies with California's statewide rule, which requires consumer reporting agencies not to report records of arrest, indictment, information, misdemeanor complaint, or conviction of a crime that, from the date of disposition, release, or parole, antedate the report by more than seven years….” This is different than 7 years from the date of sentencing as required under the FCO. In the state of CALIFORNIA if your conviction is more than 7 years old it should not show up on your background investigation unless you are applying for a government job or law enforcement (the obvious jobs!!!) CALIFORNIA IS ONE OF THE FEW STATES THAT DEVIATES FROM THE FAIR CREDIT REPORTING ACT.

For example, if the job for which the candidate is applying is located in Florida (which has no restrictions aside from FCRA), but the applicant resides in California (which limits criminal history to 7 years), then CA state laws would prevail and only 7 years' worth of criminal convictions would be reported. If California is selected as the Rental Property State” then there will be a 7 year limit on convictions and no reporting of sex offender records. The California version of the FCRA law appears to limit the reporting of convictions to 7 years, but the language is kind of odd, and I can't find a straight answer about this anywhere..

Therefore, if you consent to a background investigation for a job in California, you cannot be asked to disclose criminal convictions over 7 years old. California prohibits reporting of criminal convictions more than 7 years old. Criminal history (if permitted) for crimes involving violence, theft, and fraud (in California you can only check back 7 years; you cannot ask about marijuana-related convictions that are more than 2 years old, or arrests that did not result in conviction)

CA Civil Code (Investigative Consumer Reporting Agencies Act) 1786.18 (a) (7) and (b) Obligations of Investigative Consumer Reporting Agencies Our take: Arrests, indictments, misdemeanor complaints, and convictions of crimes older than 7 years cannot be reported in California. The California version of the FCRA law appears to limit the reporting of convictions to 7 years, but the language is kind of odd, and I can't find a straight answer about this anywhere online. California criminal checks only show crimes that go back 7 years prior and this includes convictions.

I'm now up for a promotion at my job and a background check is a part of it. I'm not good at intepreting these laws but it looks to me that it says they only go back 7 years in California if I am correct. However, under California law, a commercial background check company (non-finger-print/non-Live-Scan) cannot disclose convictions older than 7 years. 10 The CR does not remove or expunge anything negative from the individual's record; however, it places something positive on it. Among other requirements, the applicant must live in California and have done so for at least 5 consecutive years prior to applying, and been law-abiding for 7 years starting from the sooner of their release from prison or court supervision.

California Background Check - Conviction Older than 7 Years. When does the California Background Check 7 year rule start for employment? Can a criminal background check go back further than 7 years in California?
http://www.insurance.ca.gov/0200-industry/0035-background-info/background-faq.cfm
http://www.cslb.ca.gov/About_US/FAQS/Fingerprint_Q_And_A.aspx

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