4 Top FAQs About A California Search Criminal Background

 Why Is A California Search Criminal Background Different From A Search In Other States?

 In general, anyone can perform a California search criminal background on anyone else without the subject person’s knowledge or permission.  However, California places specific requirements on doing a background search if the subject person is applying for a job, rental, or credit.

A California search criminal background is somewhat different than doing the same search in other states, and this is because California has additional rules, laws, and requirements in addition to the ones required by Federal law. The Labor Code has certain restrictions on the way information is used from a California search criminal background, and the California Civil Code has been changed to provide more protection as well. All states also have to comply with the Federal Fair Credit Reporting Act. California also has a state wide database and Megan's Law, which identifies sex offenders across the state, but this information must be carefully used when obtained through a California search criminal background, because the law has penalties if this information is used in a punitive or discriminatory manner.

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How Does The Labor Code Affect A California Search Criminal Background And The Results?

A California search criminal background must follow some laws and requirements that are unique to California, and the Labor Code is one of these. Section 432.7 of the California Labor Code states that an employer may not consider information obtained through a California search criminal background about an arrest, detention, or diversion program that did not result in a legal conviction. The employer may ask, either on the application or during the interview process, about any charges which have not been resolved and on which the applicant is on bail awaiting trial, but the employer should not consider this a conviction yet. This section of the code is intended to protect the rights of the innocent and wrongfully arrested or detained, and if you are going to do a California search criminal background for employment, you should be aware of this requirement.

How Is Megan's Law Related To A California Search Criminal Background?

At the end of 2004, California passed a new law called Megan's Law. This law affects all California search criminal background results, and if you are going to do a search you should be aware of this law and the limitations involved. Megan's Law opened up a state wide sex offender registry website, in response to a criminal case involving a child abducted from her home and murdered by a sex offender. Using the web site and information obtained from these records can not be used to discriminate or punish the offender, or else there can be fines levied and damages awarded. Doing a thorough California search criminal background means being aware of the sex offender status of the subject, but you can not deny employment, credit, or housing based solely on information obtained during a search of the web site.

What Other Requirements Are Needed For A California Search Criminal Background?

Anyone performing a California search criminal background must provide the subject with a copy of the results within seven days of receiving them, or at any interview or meeting which occurs before the seven days are up. If you are going to do a California search criminal background, you must also send the subject a copy of their consumer rights in both English and Spanish, as well as a California compliance letter.

 

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