California (CA) Background Checks Criminal Records

         A current California county criminal records background check is recommended for the most up to date and complete employment
         screening background check information
.

         California Arrest Offense Codes:  Click Here

         California Criminal Codes: Click Here  Many "unspecified" criminal records results can be determined by reviewing the
         appropriate statute.

         California Arrest Offense Codes:  Click Here   California Employment Law Resources:  Click Here

        The California Labor Code prohibits employers from asking about an arrest or detention that did not result in a
        conviction.

       There is an exception for certain arrest records when the applicant is applying for work at a health care facility and would have
       access to patients, drugs or medication.
   
       A California employer could arguably be committing a criminal act and face misdemeanor criminal charges if it utilized the FBI
       database and discovered that an applicant was arrested in a case that is not either pending or resulted in a conviction, or that the
       applicant engaged in certain pre-trial or post-trail diversion programs. That is because by statute, California is a "no-arrest" state
       when it comes to employment. According to California Labor code section 432.7:

      (a) No employer, whether a public agency or private individual or corporation, shall ask an
      applicant for employment to disclose, through any written form or verbally,
      information concerning an arrest or detention that did not result in conviction, or information
      concerning a referral to, and participation in, any pretrial or post trial diversion program,
      nor shall any employer seek from any source whatsoever, or utilize, as a factor in
      determining any condition of employment including hiring, promotion, termination, or any
      apprenticeship training program or any other training program leading to employment, any record
      of arrest or detention that did not result in conviction, or any record regarding a referral to,
      and participation in, any pretrial or post trial diversion program. As used in this section, a
      conviction shall include a plea, verdict, or finding of guilt regardless of whether sentence is
      imposed by the court. Nothing in this section shall prevent an employer from asking an employee
      or applicant for employment about an arrest for which the employee or applicant is out on bail
      or on his or her own recognizance pending trial.

433. Any person violating this article is guilty of a misdemeanor. (Emphasis added)


 

       Furthermore, California law limits the consideration of any misdemeanor conviction information in cases where probation has been
         successfully completed or otherwise discharged and the case has been judicially dismissed when making employment decisions.
 
        Additionally, California law (Labor Code 432.8) also limits the reporting of convictions for sections 11357 (b) or (c) of the Health &
        Safety code, and 11360(b), 11364, 11365, & 11550 H&S, as they relate to the possession, use, influence, paraphernalia, or presence
        during use of Marijuana, to two (2) years from the date of conviction.
 
        In plain English  Labor Code 432.8 is translated to: 11357(b) – Possession of less than 28.5 grams (1 oz.) of Marijuana, 11357(c) –
        Possession of less than 1 oz. of Marijuana, 11360(c) [it now is probably 11360(b) as the latest print does not have a (c) subsection]
        – Transportation/Sale of less than 28.5 grams (1 oz.) of Marijuana, 11364 – Possession of Marijuana Pipe, 11356 – Being present in
        a place where Marijuana is being smoked, and 11550 – Under the influence of Marijuana.

 
                                                                                                    EMPLOYMENT APPLICATIONS
 
        With respect to employment applications, Labor Code Section 431, states, “if an employee or applicant is required to sign an
        application for employment, the employer shall file in the office of the Division of Labor Standards Enforcement a copy of the form
        of such application.
        Employers hiring in California must have specific provisions in their screening forms. Forms that are used in the other 49 states are
        useless in California. Employers also need to file a certification with a background screening firm that contains unique California
        language. In addition, California has some of the most restrictive and technical rules in the US when it comes to locating and utilizing
         criminal records.  In fact, failure to utilize criminal records correctly can be a misdemeanor offense.
       
        Taken from article prepared for the October 2002 edition of the Northern California Human Resources Association (NCHRA) Bulletin
        Reprinted in HR.com.
 
          1. References: The new law clarifies that under Civil Code section 1786.53 in-house references obtained by an employer DO NOT
        have to be turned over to applicants. Under AB 1068, an employer would have to turn over any public records, such as criminal
        convictions, that it found on its own, but not reference checks.

      2. Providing Reports to Applicants: the law no longer requires employers to provide every background report to each applicant. Instead,
     each applicant will have the ability to check off a box on a disclosure sheet and have a background-screening firm send the report
     directly to the applicant. A similar rule already exists in California for credit reports.

      3. Special Cover Sheet: The law revises the rules about a special cover sheet. A screening firm is allowed to post the required notice on
     the first page of the report instead.

      4. Employee Investigations: There is also language in new section 1786.55 that clarifies that the new law is not intended to modify
     existing law concerning internal
      investigations of current employees suspected of misconduct or wrongdoing (except for obtaining public records) or employer reference
      checking. However, the federal FCRA still applies to investigations by third parties.

      5. Limitations on “do-it-yourself” investigations: If an employer does their own investigation of an applicant or current employee
     without using the services of a
     background-screening provider and collects public records such as criminal records, there are new rules that are in effect. Any
     information must be turned over to the applicant/employee within seven days unless the employer suspects misconduct or wrongdoing
     in which case supplying the information may be delayed. In addition, an employer who uses this procedure must provide a form to all
     applicants/employees with a box that, if checked, permits a person to waive the right to receive the copy of any public record. If the
     investigation results in an adverse action, there are additional requirements as well. This procedure is only in effect if an employer
     does its own investigation.

      6. Limitation on Criminal Record Searches: The new law retains the seven (7) year limitation on a background-screening firm obtaining
     criminal records. However, the new law clarifies that there is an exception for employers that are required by a governmental agency to
     go back further when checking qualifications. This addresses a conflict between California law and situations where certain employers
     are required to go back further in some cases.

                                                               California Cover Letter Example:  Click Here

     California Criminal Codes: Click Here  Many "unspecified" criminal records results can be determined by reviewing the appropriate
     statute.

                                                                California Arrest Offense Codes:  Click Here

Database description -
Contra Costa County
Superior and Municipal records on convicted felony, misdemeanor, and traffic offenses since 1995. Data may contain offender name and file date, but does not contain dates of birth.

Fresno County
Fresno County Court data contains criminal records on over 11,000 individuals. Data can contain Defendant Name, Case Number, and File Date. This source does not contain dates of birth.

Los Angeles County
Los Angeles County Court data contains criminal records on over 970,000 individuals. Data can contain Defendant Name, DOB, Case Number, and Hearing Date.

Orange County
Orange County Court data contains criminal records on over 545,000 individuals. Data can contain Case Number, Disposition Date, and File Date.

Riverside County
(Including Indio Div.) Superior Court filings on felony and misdemeanor charges since 1991. Records on approximately 800,000 persons. Search results show the file date, case number, defendant name, DOB, and charges. Note: These are filings ONLY, not dispositions. Records updated monthly.

Sacramento County

Sacramento County Court data contains criminal records on over 32,000 individuals. Data can contain Defendant Name, Case Number, and File Date.

San Bernadino County
San Bernadino County Court data contains criminal records on over 760,000 individuals. Data can contain Defendant Name, Case Number, Statute, and File Date.

San Diego
Data contains Superior Court Indexes for felony and misdemeanor filings since 1974. Search results may include defendant name, case number, file date and type of offense, but does NOT contain DOB. Note: These are filings only, not dispositions. This source is updated monthly.

Santa Barbara County
Santa Barbara County Court data contains criminal records on over 162,000 individuals. Data can contain Defendant Name, Case Number, Degree Of Offense, and Case Date.

Santa Clara County
Santa Clara County Court data contains criminal records on over 200,000 individuals. Data can contain Defendant Name, DOB, Case Number, and File Date.

Santa Cruz County
Santa Cruz County Court data contains criminal records on over 100,000 individuals. Data can contain Defendant Name, DOB, Case Number, Charge, and File Date.

Stanislaus County
Data contains Superior and Municipal Court Indexes for felony and misdemeanor filings. Search results may include party name, party role, case number, file date and type of offense, but does NOT contain DOB. Note: These are filings only, not dispositions.

Ventura County Ventura
County Court data since 1990 containing criminal records on over 850,000 individuals. Data can contain defendant name, degree of offense, statute, violation date, and case number.

                                             California counties included in multi-state criminal

California Sex Offender

Data contains Name, Offense, Photos, and Birth Dates for over 200,000 offenders. Photos not included on all offenders, we will continue to collect photos as they become     available to us. Data is updated monthly. Counties in the data include: Alameda, Amador, Butte, Calaveras, Colusa, Contra Costa, Del Norte, El Dorado, Fresno, Glenn, Humboldt, Imperial, Inyo, Kern, Kings, Lake, Lassen, Los Angeles, Madera, Marin, Mariposa, Mendocino, Merced, Modoc, Mono, Monterey, Napa, Nevada, Orange, Placer, Plumas, Riverside, Sacramento, San Benito, San Bernardino, San Diego, San Francisco, San Joaquin, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, Santa Cruz, Shasta, Sierra, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, Ventura, Yolo, Yuba.

Butte County - Superior Court

Data contains felony and misdemeanor records dating back to 1999. Results can include Name, Case Number, Case Type, Case Status, Offense, Offense Section Number, Degree of Offense, Plea, Plea Date, Disposition, Disposition Date, and Sentence Information. Results do not include DOB. Data is updated monthly.

Contra Costa County

Data contains Superior and Municipal records on convicted felony, misdemeanor and traffic offenses since 1995. Data may contain Offender Name and File Date, but does not contain Dates of Birth. Data is updated monthly.

Fresno County

Fresno County Court data contains criminal records dating back to 1997. Data can contain Defendant Name, Case Number, and File Date. This source does not contain dates of birth. Data is updated monthly.

Los Angeles County

Los Angeles County Court data contains criminal records dating back to 1994. Data can contain Defendant Name, DOB, Case Number, and Hearing Date. Data is updated monthly.

Nevada County

Data contains information on individuals scheduled to appear at a future date in a criminal proceeding. Search results may include Name, Case Number, Case Type, Concerning Party, Scheduled Hearing Date and Time. Data is updated monthly.

Orange County

Orange County Court data contains criminal records dating back to 1988. Data can contain Case Number, Disposition Date, and File Date. Data is updated monthly.

Riverside County

Data contains Superior Court filings on felony and misdemeanor charges since 1991. Data includes Indio Division. Search results show the File Date, Case Number, Defendant Name, DOB, and Charges. Note: These are filings ONLY, not dispositions. Records are updated monthly.

Sacramento County

Sacramento County Court data contains criminal records dating back to 2003. Data can contain Defendant Name, Case Number, and File Date. Data is updated monthly.

San Bernardino County

San Bernardino County Court data contains criminal records on over 1 million individuals dating back to 1997. Data can contain Defendant Name, Case Number, Statute, and File Date. Data is updated monthly.

San Diego County

Data contains Superior Court Indexes for felony and misdemeanor filings since 1974. Search results may include Defendant Name, Case Number, File Date and Type of Offense, but does NOT contain DOB. Note: These are filings only, not dispositions. This source is updated monthly.

Santa Barbara County

Santa Barbara County Court data contains criminal records dating back to 1992. Data can contain Defendant Name, Case Number, Degree Of Offense, and Case Date. Data is updated monthly.

Santa Clara County

Santa Clara County Court data contains criminal records dating back to 1999. Data can contain Defendant Name, DOB, Case Number, and File Date. Data is updated monthly.

Santa Cruz County

Santa Cruz County Court data contains criminal records on over 110,000 individuals from 1994-2004. Data can contain Defendant Name, DOB, Case Number, Charge, and File Date. Updates are no longer available for this source.

Shasta County - Superior Court

Data contains consists of felony and misdemeanor case index dating back to 1999. Results may include Name, Case Number, and Filing Date. Data is updated monthly.

Stanislaus County

Stanislaus County Data contains Superior and Municipal Court Indexes for felony and misdemeanor filings dating back to 1990. Search results may include Name, Case Number, File Date, and Type of Offense, but does NOT contain DOB. Note: These are filings only, not dispositions. Data is updated quarterly.

Ventura County

Ventura County Court data contains criminal records dating back to 1990. Data can contain Name, Degree of Offense, Statute, Violation Date, and Case Number. Data is updated monthly.

P.R.I.O.R.S.

Public Record Indexes of Record Searches. This database is comprised of proprietary criminal data compiled from previously ordered county, statewide and federal criminal requests, from CA, which contained records.

 

Updated 01/2008

 
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