California Background Check Laws
CA Employer Compliance Guide
California has the most comprehensive employment screening laws in the nation. Employers must navigate the Fair Chance Act, ICRAA, and dozens of local ordinances.
Content updated
California background check laws at a glance
- Does California have a ban-the-box law?
- Yes — comprehensive coverage, applying to both public and private employers.
- Can employers ask about salary history?
- No — California restricts salary history inquiries.
- How far back can a background check go?
- CRAs cannot report: arrests not resulting in conviction, referrals to diversion programs, dismissed/sealed/expunged records, or convictions older than 7 years for positions paying less than $75,000/year.
- Governing statutes
- California Fair Chance Act (AB 1008); ICRAA; AB 168 - Salary History Ban; AB 1076 - Automatic Record Clearance
California leads the nation in employment screening regulation. The California Fair Chance Act (AB 1008) prohibits employers with 5+ employees from asking about conviction history before a conditional job offer. Beyond ban-the-box, California has unique requirements under the Investigative Consumer Reporting Agencies Act (ICRAA), restrictions on reporting non-conviction records, and local ordinances in cities like San Francisco and Los Angeles that add further requirements. Non-compliance can result in civil penalties up to $10,000 per violation.
Ban-the-Box Laws
The California Fair Chance Act (AB 1008, effective 2018) prohibits employers with 5+ employees from asking about conviction history on applications or before a conditional offer. After a conditional offer, employers must conduct an individualized assessment considering: nature/gravity of offense, time elapsed, and nature of the job. If considering adverse action, employers must provide written notice, 5 business days to respond, and written final decision with appeal rights.
State FCRA Variations
California's ICRAA imposes additional requirements beyond federal FCRA: specific disclosure language required, applicant must receive copy of report before adverse action, CRAs cannot report non-conviction records (arrests not leading to conviction, dismissed charges), 7-year limitation on reporting convictions for positions under $75,000/year.
Salary History Ban
California's salary history ban (AB 168, effective 2018) prohibits employers from asking about salary history and requires providing pay scale upon reasonable request.
Reporting Limitations
CRAs cannot report: arrests not resulting in conviction, referrals to diversion programs, dismissed/sealed/expunged records, or convictions older than 7 years for positions paying less than $75,000/year.
Expungement & Record Sealing
California has extensive expungement laws under PC 1203.4 and PC 1203.4a. Expunged convictions generally cannot be considered in employment decisions except for law enforcement and certain licensed positions. AB 1076 (2019) provides automatic record clearance for eligible convictions.
Local Fair Chance Ordinances
San Francisco Fair Chance Ordinance (2014) applies to employers with 5+ employees and includes additional protections. Los Angeles Fair Chance Initiative for Hiring (2017) applies to employers with 10+ employees. Both impose specific notice and waiting requirements beyond state law.
Key Screening Rules
No criminal history questions before conditional offer
Applies to: Employers with 5+ employees
Individualized assessment required before adverse action
Applies to: All employers using background checks
7-year reporting limit on convictions
Applies to: Positions paying under $75,000/year
No reporting of non-conviction records
Applies to: All consumer reports
Frequently Asked Questions: California
When can I ask about criminal history in California?
Only after a conditional offer of employment. The Fair Chance Act prohibits inquiries before that point for employers with 5 or more employees.
Can I see arrests on a California background check?
No. California prohibits CRAs from reporting arrests that did not result in conviction, dismissed charges, and records older than 7 years for positions paying under $75,000/year.
What is the individualized assessment requirement?
Before taking adverse action based on conviction history, you must consider the nature of the offense, time elapsed since the offense, and the nature of the job. You must also provide written notice and allow 5 business days to respond.
Does California's ban-the-box apply to small businesses?
Yes, if you have 5 or more employees. San Francisco's ordinance also applies at 5+ employees, while Los Angeles applies at 10+ employees.
Key Statutes
California Fair Chance Act (AB 1008)
2018 — Statewide ban-the-box for employers with 5+ employees
ICRAA
1975 — State consumer reporting law with stricter requirements than federal FCRA
AB 168 - Salary History Ban
2018 — Prohibits asking about salary history
AB 1076 - Automatic Record Clearance
2019 — Automatic expungement for eligible convictions
Sources for this California guide
Statutes change. Confirm the current text on the issuing agency's own site before relying on it for a hiring decision.
California primary authority
- California Office of the Attorney General
California Attorney General · link checked 2026-09-17
- California Legislature and state code
California Legislature · link checked 2026-09-17
Federal authority
- Fair Credit Reporting Act (revised March 2026), § 605 [15 U.S.C. § 1681c]
Federal Trade Commission · March 2026 text read via web retrieval; direct fetch returned 404 on 2026-10-08; not legal review
- 15 U.S.C. § 1681c — Requirements relating to information contained in consumer reports
U.S. Government Publishing Office · link checked 2026-09-17
- 16 CFR Part 698 — Model Forms and Disclosures (FCRA)
National Archives — eCFR · link checked 2026-09-17
- 15 U.S.C. § 1681c (annotated text)
Cornell Legal Information Institute · link checked 2026-09-17
Legal disclaimer. This California guide is general information about employment screening law, not legal advice, and it does not create an attorney–client relationship. State and local requirements change, often apply only to certain employers or job types, and can be preempted or supplemented by local ordinances. DatabaseRecords is a records-research and investigative firm, not a law firm. Consult qualified employment counsel in California before adopting or changing a screening policy.
States bordering California
Employers hiring across state lines must follow the law of each state where the applicant applies or will work. Compare California with its neighbors:
Screening services for California employers
- Employment background checks
- Employment verification
- Driving records (MVR)
- Drug testing
- Education verification
- Tenant screening
See the U.S. Employment Screening Law Center, the 50-state compliance library, our FCRA compliance overview, or how far back background checks go in California.
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