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AB 218 requires the state, counties, cities, and special districts to remove the conviction-history question from their job applications and wait to ask the question when the applicant at least meets minimum employment qualifications.” Employers such as law enforcement and school districts and job positions, subject to a criminal background check by occupational or licensing law, are exempt. Once an offer of employment has been made, employers can conduct criminal history background checks, but only when the conviction history has a direct and adverse relationship with the specific duties of the job,” and requires certain disclosures to the applicant if employment is denied based on the background check. HireSafe is a California based pre-employment background check company trusted since 1997 to provide job screening criminal record checks, dot drug screening, non dot drug testing and many other human resource services. While the EEOC does not prohibit employers from conducting criminal background checks complete, it advises that employers as to best practices,” including: (1) removing from employment applications the question that asks job applicants to self-disclose their criminal record; (2) not making an employment decision based solely on the fact of an arrest record; and (3) conducting an individualized assessment” before rejecting an applicant or terminating an employee because of a conviction.
Obtaining Background Checks and Investigations by Employers Obtaining Background Checks and Investigations by Employers You can obtain public information for employment purposes without using the services of an investigative consumer reporting agency in limited circumstances. California employers seeking to hire a new employee, but desiring to perform a background check should familiarize themselves with California law (California Labor Code §1024.5 and California Civil Code §1786.22) and the Fair Credit Reporting Act (FCRA), which in addition to providing rules for credit checks, also governs employment background checks for the purposes of "hiring, promotion, retention, or reassignment." Different rules apply depending on whether the employer conducts the background check itself, or hires a third party to perform the background check. The law ensures that employers fairly consider job applicants with a record by delaying when an employer can ask about an applicant's conviction history or run a background check.
Company background checks are often performed by a third-party agency and can include a search of the job applicant's credit, criminal and even driving record, depending on the nature of the position. The automated reports that you receive with your choice of California tenant screening background checks options contains up-to-date information on every applicant that you screen, giving unqualified applicants no way out once you learn of their previous rental history, criminal record or other dishonesty. If an employer hires an outside company to check your background, you must be given a written notice and then provide your consent as described above in Part 4 (CA Civil Code §1786.16) A screening company, called an investigative consumer reporting agency in the law, cannot go forward with the check unless the employer has certified that the report will only be used for a permissible employment purpose.
If after review of the credit report, or other documents, the employer decides that s/he is predisposed not to hire the applicant because of some information revealed in the background check, the employer must provide the job applicant with: (1) a written "pre-adverse action disclosure," which must state that the employer is predisposed not to hire the employee because of "X" and unless "XC" can be corrected (2) a copy of the report obtained; (3) a statement that the applicant has the right to obtain a free credit report from the credit agency upon request within 60 days; and (4) a copy of A Summary of Your Rights Under the Fair Credit Reporting Act. Labor Code §432.7. On addition, if the employer who plans to perform a criminal background check without the assistance of a third party, the employer's notice to the job applicant must contain a box that enables the job applicant to choose whether or not s/he wishes to receive a copy of any public records discovered. Before 2014, when San Francisco enacted a city-wide ban-the-box law, criminal history background checks were largely unregulated in California, except for a handful of Labor Code provisions that barred consideration of certain types of criminal records.
https://www.csun.edu/hr/background-checks
https://www.csustan.edu/fa/background-check-information
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