Restrictions on Obtaining Criminal History

Strict rules govern the use of criminal background checks in California.

Employers with five or more employees can neither ask applicants questions about criminal history, nor use criminal history information to inform their hiring decisions until after an initial offer of employment has been made. Employers also must follow set processes before making any employment decision based on criminal history information.

Moreover, all employers must make sure that any consideration of criminal history information does not disparately impact individuals in a protected class, such as race, gender, national origin or other characteristics protected by law.