Background Checks

Yes, you have the right to review your personnel files and make copies of documents you've signed in California.

In California, criminal histories (rap sheets) compiled by law enforcement agencies are not public record. Only certain employers such as public utilities, law enforcement, security guard firms and child care facilities have access to this information.

In California, employers can’t seek the arrest record of a potential employee (even though arrest record information is public record). If an applicant is out of jail but awaiting trial, employers can inquire regarding an arrest.

You can take steps to prepare for an employee background check before you apply for a new job. By doing so, you could reduce the chance of being surprised by inaccurate or forgotten information that could show up during the background check process.

The Investigative Consumer Reporting Agencies Act (ICRAA) is a California law that requires

When an employer performs a background check on you and finds incorrect information, you have options and rights.