Fact Sheet - Criminal History Background Check 2025

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After employers in California make a conditional employment offer, they may order a criminal background check that goes back only seven years (with some exceptions). Therefore, employers cannot see convictions older than seven years and cannot pass you over based on seven-plus old convictions.
Theft/Shoplifting Any conviction involving an element of dishonesty or stealing is a huge red flag for employers. They may worry you could steal from the company. Drug Possession Even a minor marijuana possession charge can disqualify you from many jobs, especially those involving operating vehicles or machinery.
Civ. Code 1786.18(a)(7), California mandates that a conviction cant be reported when its older than seven years. Arrests that didnt lead to convictions cant be reported regardless of how much time has elapsed.
There are many reasons why a candidate may fail a background check, such as criminal history, discrepancies in employment or education history information, an unsafe driving record, or a failed drug test.
Enacted in 2018, Californias Fair Chance Act generally prohibits employers, with five or more employees, from asking a job candidate about their conviction history before making a conditional job offer.
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This information includes records of arrests, detentions, indictments, informations, or any other formal criminal charges, as well as any disposition, sentencing, correctional supervision, and release.

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