California Background Check Laws (2026 Guide)

California restricts employer background checks through the Fair Chance Act (Government Code Section 12952), which bars employers with five or more employees from asking about criminal history before a conditional job offer, and through Civil Code Section 1786.18, which limits consumer reporting agencies to seven years of conviction history.

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) restricts when and how employers can inquire about conviction history, with implementing regulations at Title 2, California Code of Regulations, Section 11017.1
• 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California's Fair Chance Act, originally enacted as AB 1008 and effective January 1, 2018, is one of the most comprehensive "Ban the Box" laws in the country.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 Government Code Section 12952, applicants have at least five business days to respond to the preliminary denial notice. If the applicant notifies the employer within that window that they dispute the accuracy of the conviction history report, they receive five additional business days to respond.

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.

Regulations and Recordkeeping Rules That Sit Alongside the Statute

Government Code Section 12952 is not the whole picture. The Civil Rights Council's criminal history employment regulations at Title 2, California Code of Regulations, Section 11017.1 (operative October 1, 2023) and a separate FEHA recordkeeping statute add obligations the statute itself does not spell out. The Civil Rights Department's Fair Chance Act fact sheet describes the current rules:

• Advertising restrictions: Employers may not make statements in job postings that exclude people with criminal histories, such as ads reading "No Felons" or "Must Have Clean Record"
• Internet and background searches: Employers may not run a background check or conduct an internet search for criminal history before making a job offer
• Workers beyond new applicants: Coverage reaches people who start work before the employer runs a background check, employees up for a promotion, and employees who are otherwise undergoing a background check
• Document retention: Under Government Code Section 12946, as amended by SB 807 in 2021, employers must keep applications, personnel records, and employment referral records for at least four years

A widely repeated claim holds that a bill called SB 809 expanded the Fair Chance Act in 2024 and created tiered civil penalties and dedicated enforcement funds. That did not happen. SB 809 (2023-2024) died in committee and was returned to the Secretary of the Senate on February 1, 2024. It was never chaptered, and none of its penalty or fund provisions are law.

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, except that Labor Code 432.7 lets employers ask about an arrest for which the applicant is currently out on bail or released on their own recognizance while awaiting trial
• 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 in most cases, covering arrests, detentions, diversion, supervision, and adjudications that occurred while the person was under juvenile court jurisdiction. The statute carries a narrow carve-out: certain health facility employers may inquire about a juvenile court adjudication for a specified felony or misdemeanor that occurred within the five years preceding the employment application.

Separately, Labor Code Section 432.8 extends the limits and penalties of Section 432.7 to specified non-felony marijuana convictions two years from the date of the conviction, so employers generally cannot ask about or act on those convictions once they are more than two years old. That protection is separate from the off-duty cannabis rules in AB 2188.

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
• Under Civil Code Section 1786.16(a)(2)(B), the disclosure must be given in writing "at any time before the report is procured or caused to be made." There is no three-day grace period for employment reports. The three-day notice rule elsewhere in Section 1786.16 applies to insurance underwriting and to reports obtained in connection with the hiring of a dwelling unit, not to employment screening.
• 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

Under Civil Code Section 1786.50, an employer who fails to comply with ICRAA requirements is liable to the consumer for actual damages or, except in the case of class actions, $10,000, whichever sum is greater. The $10,000 figure is a statutory floor on the consumer's recovery, not a per-violation multiplier, and it does not apply in class actions. If the court finds the violation was grossly negligent or willful, it may also assess punitive damages under Section 1786.50(b).

Employment Background Checks: Summary of Employer Obligations

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

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 (actual damages or a $10,000 statutory minimum outside of class actions) or other applicable statutes