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California background check laws for employers

California has one of the strictest sets of background check rules in the country. Employers with 5 or more employees must wait until after a conditional job offer to look at conviction history, must do an individualized assessment, and must follow a two-step written notice process with set waiting periods. State consumer report laws add their own disclosure, copy and 7-year reporting rules, and Los Angeles, Los Angeles County, San Francisco and San Diego County add local rules on top.

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Fair-chance hiring (criminal history)

Employers with 5 or more employees may not ask about conviction history on a job application or look into it until after a conditional job offer (Gov. Code § 12952(a)(1)-(2)).
Even after an offer, employers may not consider arrests that did not lead to conviction, diversion programs, or convictions that were sealed, dismissed, expunged, pardoned, or covered by a certificate of rehabilitation (Gov. Code § 12952(a)(3)).
State rules also bar job ads or applications that say things like "No Felons" or "Must Have Clean Record" (2 CCR § 11017.1(a)(2)).
Before denying a job because of a conviction, the employer must make an individualized assessment of the nature and gravity of the offense, the time since the offense and sentence, and the nature of the job (Gov. Code § 12952(c)(1)(A)).
The assessment must be a reasoned, evidence-based decision about whether the conviction has a direct and adverse relationship with the specific job duties (2 CCR § 11017.1(c)(1)).
The written preliminary notice must list the disqualifying convictions, include a copy of the conviction history report, and explain the right to respond with evidence of errors, rehabilitation, or mitigating circumstances and the deadline to respond (Gov. Code § 12952(c)(2)).
The applicant gets at least 5 business days to respond, and 5 more business days if they say in writing that they dispute the report and are getting evidence (Gov. Code § 12952(c)(3)).
The 5 business days count from when the notice is received; an emailed notice is treated as received 2 business days after it is sent, and a mailed notice without tracking 5 calendar days after mailing to a California address (2 CCR § 11017.1(c)(2)(E)).
The employer must consider any response before deciding, and the final written notice must state the decision, any internal way to challenge it, and the right to file a complaint with the Civil Rights Department (Gov. Code § 12952(c)(4)-(5); 2 CCR § 11017.1(c)(4)).
The law does not apply to jobs where a state, federal, or local law requires the employer to run a criminal check or restrict hiring based on criminal history, to criminal justice agencies, or to farm labor contractors (Gov. Code § 12952(d)).
The rules also cover current employees who apply for a different job or are re-checked after a change in ownership, management, or policy (2 CCR § 11017.1(j)(1)).
The Civil Rights Department enforces the law, and a person may file a complaint or ask for a right-to-sue notice (2 CCR § 11017.1(h)).
A 2026 bill to require written assessments shared with applicants (AB 2095) was moved to the Assembly inactive file in May 2026 and has not become law (AB 2095 bill status, 2025-26 session).

City and county rules

Los Angeles City: employers with 10 or more employees may not ask about criminal history until after a conditional offer, must do a written individualized assessment, and must hold the job open at least 5 business days after giving the written notice and assessment (LAMC § 189.00 et seq.; FCIHO Rules and Regulations).
Los Angeles County (unincorporated areas, in effect Sept. 3, 2024): employers with 5 or more employees must give a written notice of intent to check with a good-cause reason, may not consider most convictions older than 7 years, must do two written assessments, must mail and email the notices, and must allow 5 business days plus at least 10 more if the person disputes the report or needs time to gather evidence (L.A. County Code §§ 8.300.040-8.300.060).
San Francisco: employers with 5 or more employees anywhere must wait until after a conditional offer, may not consider convictions more than 7 years old (from sentencing) except for jobs serving minors, dependent adults, or people 65 and older, and must give 7 days to respond to a notice of proposed adverse action (S.F. Police Code §§ 4903, 4904).
San Francisco amendments effective Aug. 10, 2026 bar treating certain out-of-state convictions for conduct legal in California, such as abortion-related care, gender-affirming care, drag performances, and miscarriage, as job-related (S.F. Police Code §§ 4902, 4903; Ord. 128-26).
San Diego County (unincorporated areas, in effect Oct. 10, 2024): employers with 5 or more employees may not ask about criminal history before a conditional offer, including for transfers and promotions, and fines began July 1, 2025 (San Diego County Code of Regulatory Ordinances §§ 21.2702, 21.2703).

State consumer report rules

Before getting a background report, the employer must give a written disclosure in a document by itself that names the screening company with its address, phone number, and website, and explains the nature and scope of the check (Civ. Code § 1786.16(a)(2)(B)).
The applicant must authorize the report in writing (Civ. Code § 1786.16(a)(2)(C)).
The form must have a box the applicant can check to get a free copy of the report, which must be sent within 3 business days after the employer gets it (Civ. Code § 1786.16(b)(1)).
If an employer denies a job based on a background report, it must tell the applicant and give the name and address of the screening company (Civ. Code § 1786.40(a)).
An employer that looks up public records itself without a screening company must send the person a copy within 7 days unless the person checked a waiver box, and must always send a copy if it takes adverse action (Civ. Code § 1786.53(b)).
Before ordering a credit report for hiring, the employer must give written notice that names the Labor Code reason for using it, names the source, and has a box to check for a free copy (Civ. Code § 1785.20.5(a)).

How far back a report can go

Screening companies may not report arrests, charges, or convictions more than 7 years old, measured from disposition, release, or parole, and may not report a conviction once a full pardon is known (Civ. Code § 1786.18(a)(7)).
The 7-year limit does not apply when a government agency explicitly requires the employer to check for those records (Civ. Code § 1786.18(b)(2)).
Credit reporting agencies have the same 7-year limit on arrest and conviction records in consumer credit reports (Civ. Code § 1785.13(a)(6)).
Employers may not ask about or use arrests that did not lead to conviction, diversion programs, or convictions that were dismissed or sealed, except an arrest for which the person is out on bail pending trial (Lab. Code § 432.7(a)(1)).
Employers may not ask about or use juvenile court records (Lab. Code § 432.7(a)(2)).
Health facilities may ask applicants for patient-contact or drug-access jobs about certain sex-offense or drug arrests (Lab. Code § 432.7(f)).
Certain minor marijuana convictions may not be asked about or used once they are 2 years old (Lab. Code § 432.8).

Credit checks

Employers may not use a credit report for hiring unless the job is in a listed category, such as managerial jobs, law enforcement, jobs with access to $10,000 or more in cash, jobs with regular access to bank or credit card numbers plus Social Security numbers and birth dates, or jobs where the law requires it (Lab. Code § 1024.5(a)).
The limit does not apply to financial institutions covered by federal Gramm-Leach-Bliley rules and overseen by a regulator, and it does not cover reports that only verify income or employment (Lab. Code § 1024.5(b)-(c)).

Also good to know

California requires Department of Justice fingerprint criminal record clearances for certified nurse assistants, direct care staff at certain intermediate care facilities, community care facility staff, and registered home care aides (Health & Safety Code §§ 1338.5, 1265.5, 1522, 1796.23).

Common questions

Can California employers run a background check?

Does California have a ban-the-box law for private employers?

Employers with 5 or more employees may not ask about conviction history on a job application or look into it until after a conditional job offer (Gov. Code § 12952(a)(1)-(2)).

How far back does a background check go in California?

Screening companies may not report arrests, charges, or convictions more than 7 years old, measured from disposition, release, or parole, and may not report a conviction once a full pardon is known (Civ. Code § 1786.18(a)(7)).

Can California employers run credit checks on applicants?

Employers may not use a credit report for hiring unless the job is in a listed category, such as managerial jobs, law enforcement, jobs with access to $10,000 or more in cash, jobs with regular access to bank or credit card numbers plus Social Security numbers and birth dates, or jobs where the law requires it (Lab. Code § 1024.5(a)).

Some rules for California weren't confirmed from an official source. Check with the state before relying on this page.

Sources

This page summarizes state law in plain words, with links to the law itself. It is not legal advice, and laws change: check the linked source, and talk to a lawyer about your own policy. Federal DOT testing rules are separate and override state limits for DOT-covered jobs. Checked October 2026.

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