Yes, arrests will show up on a person’s background check in the Golden State. A background check typically features information about the arrest, such as the arrest date, charges filed, and whether the arrestee was detained or taken to jail. It might also show the amount of the bail.
In addition, a background check may show pending criminal charges and misdemeanor or felony convictions, with a look-back period of seven years. However, non-convictions aren’t reported, such as non-pending arrests, charges, or indictments that did not lead to a conviction.
If you're arrested, charged, or convicted of a DUI, don't proceed without consulting a skilled DUI defense lawyer for professional legal assistance.
Items Included in Background Checks
The following listed information covers all the details that may be part of a background check:
- Warrants for arrest
- Credit history
- Convictions
- Workers’ comp claims
- Educational background
- DMV records
- Rental history
- Insurance claim history
- Immigration status
- Registration, if a sex offender
California’s Labor Code 432.7 (“ban the box” legislation) prevents an employer from asking about prior arrests that did not end in a conviction, sealed or dismissed convictions, or diversions that were completed.
You need to request an expungement to prevent a dismissed charge from showing up on your background check.
Seeking Help from a Criminal Defense Lawyer
To ensure that you experience the best outcome after being charged with a criminal offense, it’s important to retain legal services. A criminal defense lawyer will advocate on your behalf before, during, and after your case ends. A lawyer can help achieve a better outcome if you’re arrested, charged, or convicted. Don’t go forward without seeking professional legal help first.
California’s Basic Law
California has some of the strongest arrest record laws in the country. The California Fair Employment and Housing Act (FEHA) is the primary law that protects individuals from discrimination based on arrest records, pregnancy, and an individual’s protected status.
Also, the Fair Chance Act prevents an employer with at least five employees from asking about an applicant’s criminal record before offering a job. The law aims to reduce the employment barriers faced by people with criminal histories.
These laws explicitly prohibit employers from using arrests that didn’t result in a conviction as a reason for employment decisions. The California Labor Code reinforces these protections by setting specific rules for when and how employers may consider a criminal history.
Types of Background Checks in California
California has several types of background checks. Standard employment background checks are the most common. These are governed by the seven-year rule, so they only show a criminal history from the past seven years. Employers must obtain written consent before doing these checks and must provide the results to the candidate.
Professional licensing background checks are more comprehensive and will show older records. These are required for positions in healthcare, education, finance, and other regulated industries where public safety is a concern. The oversight boards for these professions have a broader authority to review arrest records, especially those related to the profession in question.
Housing background checks help landlords screen tenants. These checks follow similar rules to employment screens but may have different requirements depending on the type of housing and local laws. Property managers must follow fair housing laws and maintain safe communities.
Government security clearance checks are the most invasive. These federal-level investigations can access all arrest records regardless of outcome or age. They often include reference checks and a deeper investigation into an individual’s background than what’s featured in standard records.
Time Limits and Exceptions
California’s background check laws have specific time limits and exceptions. The Seven-Year Rule is the primary rule that prohibits reporting most criminal records older than seven years. However, positions with annual salaries over $125,000 may go back 10 years.
Certain regulated industries, such as healthcare and education, may access older records when relevant to public safety. Government security clearances and certain public safety positions are exempt from the seven-year rule.
Special Rules for Arrest Records
Several scenarios affect how arrest records show up on background checks. Pending cases will show up until resolved, including arrests that led to current charges pending trial or disposition. Arrests related to professional licensing will be considered by the regulatory boards, even if they didn’t lead to a conviction, as these boards have a duty to protect public safety.
Because of the nature of the job, law enforcement and security positions have access to all arrest histories. These employers will review arrest records regardless of disposition to vet candidates thoroughly. Federal background checks display arrest records that state-level checks can’t because federal agencies have broader investigative authority.
Clearing Your Record
California has several ways to address arrest records. Expungement is a legal process that can remove arrest records and certain convictions from public view. It requires filing a petition with the court and showing eligibility based on the length of time since the arrest, completion of any required programs, proof of no subsequent arrests, and good behavior.
Record sealing is another option that will remove records from public access altogether. Mandatory sealing applies to arrests that didn’t lead to charges. Discretionary sealing requires court approval based on specific criteria.
Legal Rights and Protections
California residents have specific rights when it comes to background checks. Individuals must be notified before any background check can be made and provide written consent. They have the right to receive the background check report and review and verify the information. When errors show up, individuals can file a formal dispute to correct the information on file.
Privacy rights apply to sealed or expunged records, which should not show up on standard background checks. Employers must follow strict guidelines when considering criminal history information and give individuals the opportunity to explain or dispute the relevance of any records found.
How Criminal Defense Attorneys Can Help
Criminal defense attorneys help manage arrest records. After an arrest, they work to keep charges from being filed or negotiate for charges that will have less impact on future background checks. They determine eligibility for expungement or sealing, prepare and file legal documents, appear in court for you, and make sure the records are updated.
These attorneys monitor legal compliance, oversee background check processes, address unauthorized disclosures, and challenge discriminatory practices. They also develop strategies for employment applications, professional licensing, immigration, and housing applications. Their experience is invaluable in navigating the criminal record and background check maze.
Recent Updates
California is increasing record protection. The Clean Slate Program will automatically clear eligible records without petitioning. Ban-the-Box laws are expanding, and employers can’t ask about criminal history before an interview. New privacy regulations will affect how arrest information can be shared and accessed, and digital rights laws will address arrest record information in online databases.
Future Changes
The background check landscape is changing in California. Technology is changing how records are stored and accessed, and privacy is driving new laws. Employment rights regarding criminal history consideration are expanding, and automatic record clearing is becoming more comprehensive.
Talk to a Criminal Defense Lawyer Right Away
Consult with a Santa Rosa criminal defense attorney to get the help you need to get through the legal process and manage your arrest records. As laws change, stay informed and act accordingly. Schedule an appointment with a criminal defense lawyer as soon as possible.