Generally, yes. A school shouldn’t release student records without the authorization of an adult-age student or parent. However, a school may release directory information (for example, your name, address, dates of attendance, degrees earned and activities) unless you’ve opted out.
The screening company has 30 days to investigate after you file your dispute. If you file additional information during that 30 days, the time may be extended by another 15 days (maximum total of 45 days allowed to consider your dispute).
It should not. According to the U.S. Equal Employment Opportunity Commission, you can’t be denied employment based on a criminal record alone. It requires the employer to also consider
- the nature and gravity of the offense or offenses
- the time that has passed since the conviction and completion of the sentence
- the nature of the job held or sought
No, the California Labor Code prohibits an employer from seeking salary history information about an applicant for employment. Salary history information includes both your rate of compensation and information about other benefits. The law applies to all employers (including state and local government). You can voluntarily disclose salary history information to a potential employer.
Yes, you have the right to review your personnel files and make copies of documents you've signed in California. If you're a California state or federal employee, your personnel file can only be disclosed under limited circumstances as it is covered under the California Information Practices Act (state employee) or the federal Privacy Act of 1974 (federal employee).
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.
There are exceptions for certain arrests when the applicant will be employed in health care and have access to patients or drugs.
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 investigative consumer reporting agencies (ICRAs) to institute reasonable procedures to ensure they provide and use consumer information in a way that is fair, equitable and respects consumers’ right to privacy, particularly with regard to reports furni
When an employer performs a background check on you and finds incorrect information, you have options and rights.