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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 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.


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