Is there a 7-year restriction on criminal background checks?

UPDATED: Oct 1, 2022

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Is there a 7-year restriction on criminal background checks?

I have misdemeanor convictions that have restricted me from working in CO where I am a native. Therefore, I would like to know what the current laws are in CA related to employment criminal background checks?

Asked on June 10, 2019 under Employment Labor Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You are correct: under CA law (which follows the guidelines of the Fair Credit Reporting Act or FCRA), criminal records that are more than 7 years old cannot be considered on an employment background check IF the employer uses an outside agency to do the check. If the employer has an in-house person do the check, it may, however, look back further than 7 years: the laws regulating background checks (such as CA civil code section 1768) apply to third-party agencies, not the employer itself.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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