Pre Employment Screening In
We Explain-You Decide which
employment screening services you need.
California imposes unique employment screening requirements. National Employment Screening provides professional pre employment
screening services to help you choose the right employment background checks and
services you need to protect your employees and clients
from the costly effects of making a hiring unsatisfactory employees.
We provide employment screening services for
hospitals, nursing homes, franchised auto dealers, staffing companies, employee
leasing companies, PEO's, trucking and transportation companies, banks,
high tech companies, insurance companies and all other employers in all
Pre employment screening services available in California: (Click on each link for more
We explain - You decide which employment screening and
background check services your company needs.
We provide employment screening services for many industries
and businesses in California including hospitals, nursing homes, schools and
colleges, franchised auto dealers, staffing companies, trucking and
transportation companies, aero-space, banks, high tech companies, insurance
companies and all other types of employers in all California cities.
The California counties of Los Angeles, Irving, Long Beach,
San Diego, San Jose, San Francisco, Silicon Valley, Sacramento, Fresno,
Bakersfield, and Riverside provide very limited information to national and or
multi-state criminal record data bases. Often, if charges or arrests are
indicated, charges will be shown as "Unspecified".
Therefore, it is highly recommended that you request a county criminal background check
be manually researched at the appropriate county court house in order to come up with recent and reliable criminal
records when conducting employment screening.
Call anytime to get more information about our California Pre Employment
screening services at
Complying with California Employment Screening Laws
Giving Employment References in California
Some protection in this area
is given to employers in California.
California employment law provides that
Communication concerning the job performance or qualifications of an
applicant for employment, based upon credible evidence, made without
malice, by a current or former employer of the applicant to, and upon
request of, one whom the employer reasonably believes is a prospective
employer of the applicant. This subdivision authorizes a current or
former employer, or the employer's agent, to answer whether or not the
employer would rehire a current or former employee. (Cal. Civil Code
Remember that you must give accurate information to be
afforded this protection.
California At Will Law
Employees are presumed to be "at
will." California At-will employees may be terminated for any
reason, so long as it's not illegal. Generally, employees that work
under an employment contract can only be terminated for reasons
specified in the contract. In California, the at-will presumption can
be overcome by evidence that despite the absence of a specified term
of employment, the parties agreed who the employer's power to
terminate would be limited in some way.
California employment law is
broader in scope than the federal FCRA. It covers third-party employment
screeners, as does the FCRA. But it also covers employers who conduct
background checks themselves, something the FCRA omits.
law was amended in 2001 to give job applicants as well as current employees
greater rights to see the results of background checks. You also now have a
better chance to find out about inaccurate or incomplete information. (CA
Civil Code §1786)
Employees and job
applicants in California have all the rights of the FCRA and more, but there
are differences. Two of the most obvious differences are the meaning of some
terms and the notice requirements that starts the employment screening
Background checks are not limited to job
applicants. Employers increasingly conduct investigations of existing employees.
Under the FCRA, once you give your permission
for a background check, your employer does not have to get your permission to
run another check in the future.
However, California law requires notice and
permission from you "at any time an investigative consumer report is
sought for employment purposes other than suspicion of wrongdoing or
misconduct." (CA Civil Code §1786.16(2))
Almost all of the
information collected in an employment background check comes from public
Examples of non-public
record information might include reference checks with past employers and a
verification of your education credentials.
You are not
entitled to get information an employer receives by checking your
If a third party
conducts the investigation employment references are also exempted from the
report that the individual is entitled to receive. The employer only has to
give you a copy of any public records obtained in checking your background.
This could include documents that pertain to an arrest (if it results in a
conviction), indictment, conviction, civil judicial action, tax lien, or
Such records can be
obtained if an employer goes directly to the public source or uses an
Internet site that collects public records and sells the information.
employment screening law restricts vendor reporting of criminal conviction
information to seven years.
California Human Resources
CA Department of Managed Health Care
Bilingual help with all aspects of HMO’s
Online site for HR information from California
Chamber of Commerce; many areas require subscription.
California state codes
Easy site to use when wanting to access
state codes. At the site, click on Labor Code.
Society for Human Resource Management (SHRM National HR site, rich with
educational information; some areas require membership
California and Human Resources Blog
California Employment Screening
California Civil Title 1.6
Consumer Credit Reporting Agencies Act Civil Code
Sections 1785.1 - 1785.36
Last Updated: Wednesday, January 09, 2008
For complete California code:
1786.18. (a) Except as
authorized under subdivision (b), an
investigative consumer reporting agency may not make or furnish any
investigative consumer report containing any of the following items
(1) Bankruptcies that, from the date of adjudication, antedate the
report by more than 10 years.
(2) Suits that, from the date of filing, and satisfied judgments
that, from the date of entry, antedate the report by more than seven
(3) Unsatisfied judgments that, from the date of entry, antedate
the report by more than seven years.
(4) Unlawful detainer actions where the defendant was the
prevailing party or where the action is resolved by settlement
(5) Paid tax liens that, from the date of payment, antedate the
report by more than seven years.
(6) Accounts placed for collection or charged to profit and loss
that antedate the report by more than seven years.
(7) Records of arrest, indictment, information, misdemeanor
complaint, or conviction of a crime that, from the date of
disposition, release, or parole, antedate the report by more than
seven years. These items of information shall no longer be
if at any time it is learned that, in the case of a conviction, a
full pardon has been granted or, in the case of an arrest,
indictment, information, or misdemeanor complaint, a conviction did
not result; except that records of arrest, indictment, information,
or misdemeanor complaints may be reported pending pronouncement of
judgment on the particular subject matter of those records.
(8) Any other adverse information that antedates the report by
more than seven years.
By statute, California is a "no-arrest"
state when it comes to employment screening. According to California Labor code
(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)
Consequently, before any consideration of
the use of the FBI database by employers, it must be recognized that the
decision is not primarily a criminal justice or security issue, but also
involves human resources considerations, labor law and civil rights law that
historically have been matters of state determination, as well as Federal
law such as the EEOC rules and the FCRA
Please note that Federal
employment screening law mandates background checks for employees who are engaged in particular
industries. The Office of Inspector General of the Department of Health and
Human Services maintains a list of individuals who are excluded from
participation in any of its federally-funded healthcare programs. Exclusions are
due to convictions for program-related fraud and patient abuse, licensing board
actions and default on health education assistance loans. Therefore, employers
in affected industries should check the
OIG Exclusion list
before hiring employees who might work in such programs. The FACIS program is
also very important when screening medical personnel.
for more information on FACIS.
Pre-employment screening searches are
available in the following states.
Click a state below to see pre employment
screening law, employment screening information, tips and specific
pre employment screening searches available in that state:
employment screening (AL),
Arizona employment screening (AZ),
employment screening (AR),
employment screening (CA),
employment screening (CT),
employment screening (DE),
employment screening (FL),
employment screening (GA),
Idaho employment screening (ID),
employment screening (IL),
employment screening (IN),
employment screening (IA),
employment screening (KS),
employment screening (KY),
employment screening (LA),
employment screening (ME),
employment screening (MD),
employment screening (MA),
employment screening (MI),
employment screening (MN),
employment screening (MS),
employment screening (MO),
employment screening (MT),
employment screening (NE),
employment screening (NH),
employment screening (NJ),
employment screening (NM),
employment screening (NY),
employment screening (NC),
employment screening (ND),
employment screening (OH),
employment screening (OK),
employment screening (OR),
employment screening (PA),
employment screening (RI),
employment screening (SC),
employment screening (SD),
employment screening (TN),
employment screening (TX),
employment screening (UT),
employment screening (VT),
employment screening (VA) ,
employment screening (WA),
employment screening (WV),
employment screening (WI),
employment screening (WY
California drug free workplace employment drug screening
Governor's Policy Council on Drug and Alcohol Abuse
1700 K Street
5th Floor, Executive Office
Sacramento, CA 95814-4037
Tel: 916/ 445-1943
Fax: 916/ 323-5873
None of the information in this web site should be construed as legal advice.
All forms policies, terms, information and procedures should be reviewed by your legal counsel before being used in any