California Background Check Laws (2026 Guide)

California has some of the strongest background check protections in the United States. The state layers federal requirements under the Fair Credit Reporting Act (FCRA) with its own laws that restrict what employers, landlords, and licensing agencies can ask about and act on when reviewing a person's criminal history.

Whether you are an employer running a pre-employment screening, a job applicant concerned about your record, or a landlord evaluating a tenant application, this guide covers every major California background check law currently in effect.

Overview of California Background Check Laws

California regulates background checks through a combination of state statutes and regulations. The major laws include:

• Fair Chance Act (Government Code Section 12952 / AB 1008, expanded by SB 809) restricts when and how employers can inquire about conviction history
• Labor Code Section 432.7 limits employer inquiries into arrests, sealed records, and diversion programs
• Investigative Consumer Reporting Agencies Act (ICRAA, Civil Code Section 1786 et seq.) regulates consumer reporting agencies conducting background checks in California
• Civil Code Section 1786.18 establishes the seven-year lookback limit for reporting criminal convictions
• Clean Slate Act (AB 1076) and SB 731 provide automatic record relief for eligible arrests and convictions
• Proposition 47 allows reclassification of certain felonies to misdemeanors
• AB 2188 protects against employment discrimination based on off-duty cannabis use

These laws work together to create a framework that balances public safety with the rights of individuals to move past their criminal history.

Ban the Box and the Fair Chance Act

California's Fair Chance Act, originally enacted as AB 1008 and effective January 1, 2018, is one of the most comprehensive "Ban the Box" laws in the country. It applies to all public and private employers with five or more employees.

What Employers Cannot Do Before a Conditional Offer

Under Government Code Section 12952, employers may not:

• Include any question on a job application that asks about conviction history
• Ask about conviction history during an interview or at any point before extending a conditional offer of employment
• Search publicly available sources such as court records or social media to find conviction information before making a conditional offer
• State in a job advertisement that the employer will not consider applicants with a criminal record (unless a specific conviction restriction is required by law for that position)

The conditional offer must be a genuine offer of employment. Employers cannot extend a sham offer solely to gain access to an applicant's criminal history.

The Individualized Assessment Process

After making a conditional offer, an employer who discovers conviction history and wants to rescind the offer must follow a structured process established by the California Civil Rights Department.

Step 1: Conduct an individualized assessment. The employer must evaluate whether the conviction has a direct and adverse relationship with the specific duties of the job. This assessment must consider:

• The nature and gravity of the offense or conduct
• The time that has passed since the offense or completion of the sentence
• The nature of the job held or sought

Step 2: Issue a preliminary denial notice. If the employer decides to rescind the offer based on the assessment, the employer must send a written notice that includes:

• The specific conviction or convictions forming the basis of the decision
• A copy of the background check report used
• An explanation of the applicant's right to respond

Step 3: Allow the applicant to respond. Under the original Fair Chance Act, applicants had at least five business days to respond. SB 809, which strengthened the Fair Chance Act, extended this to at least 10 business days. Applicants who dispute the accuracy of the report receive an additional 15 business days.

Step 4: Consider the response. The employer must review any information the applicant provides, including evidence of rehabilitation, before making a final decision.

Step 5: Send a final decision notice. If the employer still decides to rescind the offer, it must provide written notice of the final decision along with information about the applicant's right to file a complaint with the Civil Rights Department.

SB 809: Strengthened Protections Effective 2024

SB 809 significantly expanded the Fair Chance Act with several new provisions:

• Advertising restrictions: Employers may not include statements in job postings that applicants with criminal records will not be considered, unless a specific restriction is required by law
• Social media and internet searches: Employers may not search the internet or social media to discover conviction information before a conditional offer
• Current employees: Protections extend to current employees, preventing adverse action based on pre-employment conviction history
• Rebuttable presumptions: The law establishes presumptions against disqualification when applicants have completed their sentences or hold relevant professional licenses
• Increased penalties: Civil penalties now range from $1,000 to $5,000 for first violations, $5,000 to $10,000 for second violations, and $10,000 to $20,000 for subsequent violations, based on employer size
• Enforcement funds: The law created a Fair Chance Act Enforcement Fund and a Fair Chance Act Recovery Fund to support enforcement and compensate complainants
• Document retention: Employers must retain application and assessment documents for four years

Exemptions from the Fair Chance Act

The Fair Chance Act does not apply to:

• Positions where a criminal background check is required by federal, state, or local law
• Criminal justice agencies
• Farm labor contractor positions
• Positions where the employer is required by law to restrict employment based on criminal history

Examples of exempt positions include peace officers, childcare workers with state licensing requirements, and positions requiring security clearances under federal law.

The Seven-Year Lookback Rule

California imposes a seven-year limit on the reporting of most criminal conviction information in consumer background reports. This restriction comes from Civil Code Section 1786.18, which governs investigative consumer reporting agencies operating in California.

What the Seven-Year Rule Covers

Under Section 1786.18, a consumer reporting agency may not include in a report:

• Criminal convictions older than seven years from the date of disposition, release, or parole
• Arrests that did not result in a conviction
• Paid tax liens older than seven years
• Civil judgments and lawsuits older than seven years
• Bankruptcies older than 10 years
• Collection accounts older than seven years

The seven-year clock for criminal convictions starts from the date of disposition (sentencing), release from custody, or release from parole, whichever is most recent.

Exceptions to the Seven-Year Rule

The lookback limitation does not apply in two situations:

1. Life insurance underwriting for policies of $250,000 or more
2. Government-mandated checks where a regulatory agency explicitly requires verification of criminal history beyond seven years as a condition of employment

This is stricter than the federal FCRA, which allows reporting of convictions indefinitely but applies the seven-year limit only to non-conviction records. In California, the state law provides the stronger protection for consumers.

Salary Threshold Exception Under Federal FCRA

Under federal law, the seven-year restriction on reporting non-conviction adverse information does not apply to positions with an annual salary of $75,000 or more. However, California's ICRAA applies the seven-year conviction reporting limit regardless of salary. For jobs in California, the state rule controls.

Labor Code Section 432.7: Arrest and Sealed Record Protections

California Labor Code Section 432.7 provides additional protections that go beyond the Fair Chance Act. This law applies to all employers, regardless of size.

What Employers Cannot Ask About or Use

Employers may not ask applicants to disclose, and may not use as a factor in any employment decision, information about:

• Arrests that did not result in conviction (including pending arrests where no conviction has occurred)
• Referrals to or participation in any pretrial or post-trial diversion program
• Convictions that have been sealed, dismissed, or expunged under California law
• Arrests where the person was released without charges being filed
• Juvenile records of any kind
• Non-felony marijuana convictions that are more than two years old (separate from AB 2188 protections)

Enforcement and Penalties

An applicant or employee who is asked a prohibited question or suffers an adverse employment action based on protected information can recover actual damages or $200, whichever is greater, plus reasonable attorney fees. Intentional violations may result in treble damages and potential misdemeanor charges against the employer.

FCRA and California ICRAA: Dual Compliance Requirements

Employers in California who use third-party background check companies must comply with both the federal Fair Credit Reporting Act (FCRA) and the California Investigative Consumer Reporting Agencies Act (ICRAA).

Disclosure and Consent Requirements

Both laws require written disclosure and authorization before running a background check, but each has specific requirements:

Federal FCRA requirements:

• Provide a "clear and conspicuous" written disclosure that a background check will be conducted
• Obtain written consent from the applicant
• The disclosure must be in a standalone document (not buried in the job application)

California ICRAA requirements:

• Provide a separate disclosure informing the applicant that an investigative consumer report may be obtained
• The disclosure must be provided within three days of requesting the report
• Inform the applicant of their right to request a copy of the report

Important: Following the Ninth Circuit's ruling in Gilberg v. California Check Cashing Stores, LLC, California employers should use separate disclosure forms for federal FCRA and state ICRAA requirements. Combining both into one document may violate the FCRA's standalone disclosure requirement.

Pre-Adverse Action Process

Before taking adverse action based on a background check, employers must:

1. Send a pre-adverse action notice to the applicant
2. Include a copy of the background check report
3. Provide a copy of the FTC's "Summary of Your Rights Under the Fair Credit Reporting Act"
4. Wait a reasonable period (typically five business days) before taking final action
5. If proceeding with adverse action, send a final adverse action notice that includes the name and contact information of the reporting agency and a statement that the agency did not make the employment decision

Penalties for ICRAA Violations

An employer who fails to comply with ICRAA requirements is liable for actual damages or $10,000, whichever is greater, for each violation. This is significantly higher than the federal FCRA's statutory damages, which cap at $1,000 per violation for willful noncompliance.

Employment Background Checks: Summary of Employer Obligations

California employers conducting background checks must navigate multiple overlapping requirements. Here is a consolidated timeline:

Stage	Requirement	Law
Job posting	No statements excluding applicants with criminal records (unless legally required)	Fair Chance Act / SB 809
Application	No questions about conviction history	Fair Chance Act
Interview	No questions about arrests, convictions, sealed records, or juvenile records	Fair Chance Act, Labor Code 432.7
Before background check	Provide FCRA and ICRAA disclosures; obtain written consent	FCRA, ICRAA
Conditional offer made	May now inquire about conviction history	Fair Chance Act
Review results	Apply 7-year lookback limit; exclude arrests without conviction	Civil Code 1786.18, Labor Code 432.7
Considering rescinding offer	Conduct individualized assessment	Fair Chance Act
Preliminary denial	Send written notice with specific convictions, report copy, and right to respond	Fair Chance Act / SB 809
Applicant response period	Allow at least 10 business days (15 more if disputing accuracy)	SB 809
Final decision	Send written final notice with right to file CRD complaint	Fair Chance Act

Housing Background Checks in California

California's fair housing laws also regulate how landlords and property managers use criminal history in tenant screening.

Blanket Bans Are Prohibited

Housing providers cannot adopt blanket policies that automatically deny housing to anyone with a criminal record. In December 2025, the California Civil Rights Department announced enforcement actions against more than two dozen apartment complexes across California that were using blanket criminal record bans.

Individualized Assessment Required

Landlords who consider criminal history in rental decisions must conduct an individualized assessment that considers:

• The type of crime committed
• How much time has passed since the conviction
• Evidence of rehabilitation
• Whether the offense is relevant to the tenancy

Disparate Impact Concerns

Even facially neutral criminal history screening policies may violate fair housing law if they have a disproportionate impact on protected classes, including racial and ethnic minorities. The California Civil Rights Department actively investigates complaints of housing discrimination based on criminal history.

Tenant Rights

Tenants and applicants who believe they have been discriminated against based on criminal history can file a complaint with the California Civil Rights Department. Remedies may include damages, injunctive relief, and civil penalties.

Professional Licensing Background Checks

California's professional licensing boards are authorized to conduct fingerprint-based background checks through the California Department of Justice and the FBI.

How the Process Works

Applicants for professional licenses submit fingerprints through the Live Scan system. The California DOJ processes fingerprints electronically, typically within 48 to 72 hours when no matches exist. Results that match criminal records require manual review and may take longer.

Substantial Relationship Standard

Licensing boards may deny a license only if the applicant's conviction is "substantially related" to the qualifications, functions, or duties of the profession. Under Business and Professions Code Section 480, a crime is substantially related if it shows present or potential unfitness to perform the licensed functions in a way consistent with public health, safety, or welfare.

Rehabilitation Evidence

Applicants are not required to disclose convictions on the license application. However, if a licensing board identifies a conviction through the background check, the applicant may submit evidence of rehabilitation, including:

• Time elapsed since the offense
• Completion of probation, parole, or restitution
• Education, training, or employment history since the conviction
• Letters of recommendation
• Certificates of rehabilitation

Licensing boards must consider this evidence before making a final determination.

California's Clean Slate Laws: Automatic Record Relief

California has enacted some of the most expansive automatic record relief laws in the country through AB 1076 (2019) and SB 731 (2022).

AB 1076: The Original Clean Slate Act

Effective July 1, 2022, AB 1076 required the California Department of Justice to automatically review criminal records each month and grant relief for:

• Eligible arrests: Arrests that did not result in conviction, dating back to January 1, 1973 (expanded by AB 145)
• Eligible convictions: Most misdemeanor and felony convictions where the person completed probation successfully, did not receive a new conviction, and was not required to register as a sex offender

The California Department of Justice processes these relief notations under Penal Code Sections 851.93 (arrests) and 1203.425 (convictions).

SB 731: Expanded Felony Relief

Effective July 1, 2024, SB 731 expanded automatic relief to include felony convictions where:

• The conviction occurred on or after January 1, 2005
• The person completed all terms of incarceration, probation, mandatory supervision, post-release community supervision, and parole
• At least four years have passed without a new felony conviction
• The offense is not classified as a serious or violent felony under Penal Code Sections 667.5(c) or 1192.7(c)
• The offense does not require sex offender registration

How Automatic Relief Affects Background Checks

Automatic record relief adds a notation to the person's state criminal history record. It does not delete, seal, or expunge the underlying record. However, the notation determines whether the Department of Justice can disseminate the record to prospective employers under Penal Code Section 11105.

In practical terms, a conviction with an automatic relief notation will generally not appear on a standard employment background check conducted through the DOJ. However, some positions exempt from this protection (such as law enforcement and certain healthcare roles) may still have access to the full record.

Impact by the Numbers

The California Department of Justice has described this program as the largest mass record relief action in American history. Millions of arrest and conviction records have received relief notations since the program launched.

Proposition 47: Felony Reclassification

Proposition 47, the Safe Neighborhoods and Schools Act, passed by California voters in November 2014, reclassified certain nonviolent felonies as misdemeanors.

Offenses Eligible for Reclassification

Prop 47 reduced the following offenses from felonies to misdemeanors:

• Shoplifting where the value of the property does not exceed $950
• Grand theft where the value of the property does not exceed $950
• Receiving stolen property valued at $950 or less
• Forgery of checks, bonds, or notes valued at $950 or less
• Writing bad checks valued at $950 or less
• Most simple drug possession offenses (personal use amounts)

How Reclassification Affects Background Checks

Individuals who were previously convicted of a felony that now qualifies as a misdemeanor under Prop 47 can petition the court to have their conviction reclassified. Once reclassified, the conviction appears as a misdemeanor on the person's record. For individuals who completed their felony sentence, the California courts allow them to apply to have the conviction designated as a misdemeanor and potentially dismissed.

Reclassification can significantly reduce the impact of a conviction on background checks, since many employers and licensing boards treat misdemeanors differently from felonies.

Petition-Based Record Relief: Penal Code 1203.4

In addition to automatic relief, individuals can petition for dismissal of their conviction under Penal Code Section 1203.4. This is often called "expungement," though California courts clarify that true expungement does not exist in California.

What PC 1203.4 Does

A successful petition under PC 1203.4 results in the conviction being set aside and the case dismissed. After dismissal:

• The conviction still appears on background checks but shows as "dismissed"
• On most private-sector job applications, the person can legally state they have not been convicted of a crime
• Employers subject to the Fair Chance Act cannot consider dismissed convictions

Limitations of PC 1203.4 Relief

Dismissal under PC 1203.4 does not:

• Seal or remove the record from court or DOJ databases
• Eliminate the requirement to disclose the conviction for public office applications, state licensing agencies, or certain government contractor positions
• Restore firearm rights in all cases
• Prevent use of the conviction as a prior offense for sentencing enhancement if the person commits a new crime

Cannabis and Background Checks: AB 2188

Effective January 1, 2024, AB 2188 made it unlawful for employers to discriminate against employees or applicants based on off-duty, off-site cannabis use.

Key Protections

• Employers cannot penalize applicants based on drug tests that detect nonpsychoactive cannabis metabolites (which indicate past use, not current impairment)
• Off-duty cannabis use cannot be used as a basis for hiring, termination, or other employment decisions
• Employers may still prohibit cannabis use and impairment in the workplace

Exceptions

AB 2188 does not apply to:

• Employees in the building and construction trades
• Positions requiring federal background investigations or security clearances
• Positions where federal law or regulations require drug testing

New Laws Taking Effect in 2026

California continues to update its criminal justice framework. Notable changes for 2026 include:

• AB 321: Grants courts broader discretion to determine whether a "wobbler" offense (one that can be charged as either a felony or a misdemeanor) proceeds as a felony or misdemeanor at any time before trial. This may result in fewer felony convictions appearing on background checks.

How to Request Your Own California Background Check

Individuals can request their own criminal history record from the California Department of Justice by completing form BCIA 8016RR and submitting fingerprints through a certified Live Scan operator.

Personal record reviews are more comprehensive than employer background checks. They include all criminal history on file, while employer checks include only information the DOJ is authorized to disclose based on the specific position and applicable statutes.

Applicants can check the status of their background check at the DOJ Applicant Status portal using their ATI number and date of birth.

Filing a Complaint for Background Check Violations

If you believe an employer or housing provider violated California's background check laws, you have several options:

• California Civil Rights Department (CRD): File a complaint for Fair Chance Act violations, housing discrimination, or other civil rights violations at calcivilrights.ca.gov
• Division of Labor Standards Enforcement: File a wage claim or retaliation complaint for Labor Code 432.7 violations at dir.ca.gov/dlse
• Consumer Financial Protection Bureau (CFPB): Report federal FCRA violations
• Private lawsuit: Consult an attorney about damages available under ICRAA ($10,000 per violation) or other applicable statutes

Sources and References

• California Fair Chance Act Overview - California Civil Rights Department
• AB 1008 Bill Text - California Legislature
• SB 809 Bill Text - California Legislature
• Government Code Section 12952 - California Legislature
• Labor Code Section 432.7 - California Legislature
• Civil Code Section 1786.18 - California Legislature
• ICRAA Full Text - California Legislature
• Automatic Record Relief - California Attorney General
• AB 1076 Bill Text - California Legislature
• SB 731 Bill Text - California Legislature
• Proposition 47 FAQs - Judicial Branch of California
• Clean Your Record Guide - California Courts Self-Help
• Fingerprint Background Checks - California Attorney General
• Fair Housing and Criminal History - California Civil Rights Department
• AB 2188 Bill Text - California Legislature
• Fair Credit Reporting Act - Federal Trade Commission
• New California Laws 2026 - California Courts Newsroom