California Guide · Updated 2026
Background Checks in California: FCRA, ICRAA & Ban-the-Box
Running a background check in California means following two laws at once and a strict sequence around criminal history. The steps are technical, and the penalties for skipping them are real.
Two laws apply (FCRA + ICRAA)
A third-party background check is governed by the federal FCRA(15 U.S.C. §1681) and California's ICRAA(Civil Code §1786). ICRAA requires a clear, standalone written disclosure and the applicant's authorization, and the applicant can request a copy of the report.
Ban-the-box / Fair Chance Act (Gov. Code §12952)
Employers with 5 or more employees may not ask about conviction history until after a conditional offer. Before withdrawing an offer because of a conviction, you must perform an individualized assessment linking the conviction to the job.
The adverse-action sequence
- Preliminary notice: tell the applicant in writing, identify the disqualifying conviction, and include a copy of the report.
- Wait: give at least 5 business days to respond (longer if they dispute).
- Final notice: if you still decide to revoke, send a final written decision.
- The FCRA separately requires pre-adverse and adverse-action notices with the report and a summary of rights.
Limits on what's reportable
Generally a 7-year lookback applies, and you cannot consider arrests not leading to conviction, sealed or expunged records, or certain cannabis-related history. ICRAA violations carry statutory damages.
Local ordinances
Los Angeles County and the City of San Francisco have stricter Fair Chance ordinances. Where one applies, follow the most protective rule.
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