Q&A

Can employers see convictions?

Can employers see convictions?

In fact, California employers cannot ask about, look into, or consider criminal history at all until the applicant has received a conditional offer of employment.

What comes up on a background check for a job?

Generally speaking, a background check for employment may show identity verification, employment verification, credit history, driver’s history, criminal records, education confirmation, and more.

Do misdemeanors show up on background checks?

Generally, they don’t show up on a criminal background check. Examples include petty offenses such as traffic tickets, littering and disturbing the peace. Misdemeanors are criminal offences leading to less than one year of jail time.

Do employers ask about misdemeanors?

California law still prohibits employers from asking about, or considering, criminal convictions that have been expunged. This state law applies to both felony convictions and misdemeanor convictions in California.

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Do employers have a right to see a criminal record before hiring?

Employers have a right to see an individual’s criminal record before hiring them. However, that right has several key limitations. The decision not to hire someone based on his or her criminal record must be related to the job, meaning the criminal record indicated that the person could be a liability in that position.

What do employers look at when doing a background check?

Employers can look into a number of facts about you, including your credit history, employment history, driving records, and criminal records. If an employer uses a third party to conduct a background check, The Fair Credit Reporting Act (FCRA) ensures it’s lawful.

What types of jobs require criminal record checks?

Some states require employers involved in industries that engage in business with “vulnerable individuals” to conduct criminal record checks for specific convictions before hiring employees. These industries include positions that work with children and elderly adults; particularly, childcare, education and home health aid.

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What information can an employer obtain about your criminal history?

Exactly what information an employer can obtain about your criminal history varies from state to state. Some states don’t allow questions to be asked about incidents that happened at a certain point in the past.