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Other California Background Check Requirements Further, on July 1, 2023, SB 731, which increases the speed by which certain criminal history records are expunged, became effective. (California law prohibits employers from considering expunged records.)
Popularly known as the ban the box law, the FCA prohibits employers from inquiring about an applicants criminal history until after a conditional offer of employment is made. On October 1, 2023, changes to the California Fair Chance Act (FCA) went into effect.
Employers may conduct a wide range of California background checks depending on federal, local, and California law, as well as the organizations industry and the role a candidate is seeking.
The Revised Regulations are effective as of October 1, 2023. The FCA is a ban the box law that restricts California employers with five or more employees from asking about an applicants criminal history until after the employer has made a conditional offer of employment.
National, federal, state, and county criminal records, showing pending cases and misdemeanor and felony convictions generally going back 7 years. (If youre wondering how long felonies stay on your record in California, the answer is indefinitely, unless the record of the felony is expunged.)
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The new California background check regulations will require employers to conduct a more in-depth analysis using new evaluation factors before making adverse employment decisions based on criminal conviction history.
How to Apply Download and fill the CA Police clearance form. Check Record Review as the Type of Application. Enter Record Review on the Reason for Application line. Schedule an appointment with the nearest police station for Live Scan or walk-in to any UPS store or choose a fingerprint location in your county.
Thyberg Law states that the state of California limits employer background checks to the past seven years. However, ing to legal resource NOLO, some crimes, such as non-felony marijuana convictions in California can only be reported for two years.

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