Conduct a California Background Check
A background check is conducted for sensitive matters like recruiting a new employee for a federal position, VISA/immigration, foreign adoptions, licenses or certifications. During this investigation, if it is found that the subject has criminal records against their name, he or she may be barred from that particular employment or purpose until an exemption certificate is provided.
A California background check allows various agencies to obtain background records of an individual. A person can also apply for his or her own background records from the California Department of Justice.
In California, a background check for criminal history is an automated service provided by the Department of Justice for a marginal fee. It is a very simple procedure and can be accomplished in very little time. The California Public Records Act does not allow you to run a background check on any other individual if you fail to prove that you are an employer, law enforcement agency, private or public school, NPO (Non-profit Organization) or some regulating body.
Apart from prospective immigrants and employees, other individuals whose background check are allowed include volunteers who are supposed to work with elderly people, children or/and the physically or mentally disabled.
Applicant for Background Check- Individual
If you are an applicant for a job and require a background check, you will need to get fingerprinted. Along with the form, you will find the instructions attached. For fingerprints, you will need to visit your nearest Live Scan center. To learn about your nearest such facility, hours and charges, you can visit http://ag.ca.gov/fingerprints/publications/contact.php.
The Department of Justice charges a fee for California background checks. Usually, this fee is paid by the requesting agency, but in certain cases, the applicant is asked to pay the charge. So, when having your fingerprints taken, you should take your photo identification and the required fee. There is also a helpline available at 916-227-4557.
If you want a background check report for VISA or immigration purposes, you will need the same request form to get fingerprinted. Instructions to fill out this form are available on http://ag.ca.gov/fingerprints/forms/fingerprinting_visa_immigration_info.pdf. Fill out the form as directed and submit it at your nearest Live Scan center along with legitimate photo identification.
Fingerprinting will cost $32 and an additional fee for fingerprint rolling. If you are not a California resident, use the hard card for your fingerprint image and submit it manually. The blank fingerprint hard card FD258 can be obtained from the office of any local law enforcement agency.
In case of any questions, you can call the Record Review Section at (916) 227-3849. Your local sheriff’s office or police department will help you get fingerprinted. Send the hard card to California Department of Justice, Record Review Unit, P.O. Box 903417, Sacramento, CA 94203-4170.
Applicant for Background Check- Requesting Agency
If you are the requesting agency conducting a background check for a particular individual, you need to provide proof of your eligibility. Before your candidate appears to get fingerprinted, you need to apply to the California Department of Justice. This will approve you as an authorized agency if you are not already one.
Next, you need to fill out the required forms. These forms differ for every applicant agency like human resources, youth organizations, non-profit organizations and others. To get the various forms for applicant agencies, visit http://ag.ca.gov/fingerprints/forms.php.
You can also access an additional service of notification for any subsequent arrests for the candidates of a background check. To obtain the form for this service, click on http://ag.ca.gov/fingerprints/forms/subarr.pdf. The total authorization process can take six business weeks to accomplish. It can be extended if FBI intervention is required.
Your candidate can be fingerprinted only when you have received the approval. The candidate will be allowed for Live Scan only if he or she presents the filled out request forms 8016 and 8016 A, depending upon the nature of the requesting agency. You can find form 8016 at http://ag.ca.gov/fingerprints/forms/BCII_8016.pdf and form 8016A at http://oag.ca.gov/sites/all/files/pdfs/fingerprints/forms/BCIA_8016A.pdf.
These forms should be provided with accurate information on the agency that is mailing address, codes, numbers etc. Errors may cause a delayed response. Also, it may result in requiring being fingerprinted for a second time and paying the fee again.
The instructions to fill out the forms correctly go to http://ag.ca.gov/fingerprints/forms/BCII_8016_8016A_instructions.pdf. You can also call (916) 277-3823 for instructions over the phone. Once all these steps are covered, the candidate can come to the Live Scan Center to be fingerprinted.
As soon as the Department of Justice receives the fingerprints, it responds through email or U.S. mail service. The CA background check results are sent to the applicant agencies through email only, but in certain cases U.S. mail service is also used. In this case, it takes a minimum of seven days to process. Delays can occur due to several reasons, like quality of fingerprints, presence of criminal records, if the date of birth is before 1920, etc. However, the agencies should not conclude that the delay is due to the existence of criminal history only.
According to the Equal Employment Opportunity Commission, an employer is not allowed to reject a candidate on the basis of the existence of criminal incidents in background records. It establishes that the decision of hiring someone or not should not be affected by any factor other than a business requirement. Whether a person with a criminal record should be hired or not depends on the nature of the job position, how serious the offense was and how much time has passed since.
If you do not get the background results within seven business days, you can call the automated helpline number at (916) 227-4557. While calling this number, keep certain information within your reach. This includes information such as the applicant’s birth date and Automated Transaction Identifier (ATI). If the automated service does not recognize the ATI, call the California Department of Justice at (916) 227-3823 for assistance from the program technician.
If you still do not receive any results in one month, fill out the ‘follow-up form’ to request the background check result status. To download this form, click on http://ag.ca.gov/fingerprints/forms/followup.pdf and send it to: Bureau of Criminal Identification and Information, Applicant Processing Program, P.O. Box 903417, Sacramento, CA 94203-4170. Or, fax it to (916) 227-2000. You can also email your request to the Public Records official at PublicRecords@doj.ca.gov. Though it is not required, the department encourages written requests because it is more convenient to respond to the requests made in writing.
Self Background Check
As discussed earlier, in California every individual is allowed to apply for a copy of their own criminal background record from the State Department of Justice. To obtain this copy, the individual must get fingerprinted. The cost of this self-assessment process is $25. The processing regulations are a little different for California residents and out-of-state residents.
Regulations of State Residents
To apply for your own background record, fill out the Live Scan service form. You can download the form from http://ag.ca.gov/fingerprints/forms/bcii_rr_8016.pdf. In the tab of 'Type of Application', mark a tick on 'Record Review' and mention it on the space provided for 'Reason for Application' section too.
Furnish the form with the required personal information and take it to your nearest Live Scan facility. This facility is available in the sheriffs’ offices as well as local police departments. Learn about their locations and fees from their website at http://ag.ca.gov/fingerprints/publications/contact.php. Usually, it takes three business days to receive the result; if there is a delay of seven days, call the helpline automated service to learn about your application status.
Regulations for Out-of-State Residents
If you are not a resident of California and you want to apply for your background report from the California Department of Justice, you need the Application to Obtain Copy of State Summary Criminal History Record, or BCII 8705. You can find the form at http://ag.ca.gov/fingerprints/forms/BCII_8705.pdf. Instructions to fill out the form and the charges incurred are mentioned on the form itself.
To get fingerprinted, you will need to consult your local law enforcement agency. Your full name, age, date of birth, sex, and mailing address should appear on the fingerprint card clearly and without errors. If you want a blank fingerprint card, you can call the Record Review Unit. The number is (916) 227-3849.
If you are submittling the fingerprint images manually, enclose the check or the money order. Both of them should be payable to California Department of Justice. Send your envelope to California Department of Justice, Record Review Unit, PO Box 903417, Sacramento, CA- 94203-4170.
Information in California Background Check Reports
Information provided in the background check reports includes:
-proof and history of residence
-date of birth and marital status
-family, friends and brief history of their background
-credit report
-criminal history incidents at county level
-incarceration records at the national level
-state sex offender history
-property owned
-bankruptcy, lawsuits and liens
Privacy of the Records
As per the Public Records Act of California, criminal history records cannot be released to any third party. Section 11105 of the Penal Code strictly prohibits any other individual to access or apply for California background checks, if he or she does not represent an authorized agency.
These records are also not the certified documents. If you want a notarized copy of the court records, you need to apply to the concerned court. Also, you are not allowed to provide your background records to a third party employer, whether or not they are authorized. This is a misdemeanor offense under Penal Codes 11142 and 11125. The requesting agencies must destroy the background records received as soon as their purpose is served.
Incorrect Information in a Background Report
As an applicant for a job, you are sent a background report requested by your employer. If you find any discrepancy in the information provided, you need to file a dispute against the investigative agency. The dispute should be in writing. The law gives the requesting company a month to resolve the dispute. Once the investigation is completed, the company will contact you in writing within five working days.
To fix the problem and make corrections, you need to approach the source. There are many investigating agencies in California. If one company corrects the information, another may still get it incorrect. So, to remove the inaccuracy, the credit issuer or the court must be approached.
Investigating Agencies
If you go online, you will find a score of investigating agencies who are ready to perform a background check of an individual for a fee. You can seek their professional expertise to have this done, but it is always recommended to opt for the government sources to ensure the authenticity of the information.
Like the Fair Credit Reporting Act (FCRA), CICRAA (California Investigative Consumers Reporting Agencies Act) follows the seven-year rule which puts a limit on the negative information in a report for an employment screening background check. But unlike FCRA, as per California Laws, criminal convictions are allowed to be reported for seven years while bankruptcies are reported for ten years. For FCRA, criminal convictions have no limit.
There is a separate law which requires a deeper look into a prospective employee’s background. The seven-year rule is not applicable to this law. This law is applicable to jobs that involve a state license or residential care facilities for elderly people and employees of other care facilities.
In other states, a background check contains the public records as well. In California, an agency is not allowed to include information gathered from public records until their accuracy is verified. This condition is applicable for sensitive information like arrests, tax liens, indictments, civil actions and pending case results.
There are certain rules pertaining to the limits made about the release of information in a background report. If an arrest had been made but the case had been resolved or had not gone to trial, it would be reported in a California background check for employment. In the case of full pardon, the report would not mention the arrest.
Also, California Labor Code does not allow a requesting agency or employer to ask about any conviction which should not be released. This includes information on any arrest that did not result in conviction or about an expunged, eradicated or sealed record of conviction.
Requesting as well as investigating agencies are urged to abide by the rules and regulations of the Investigative Consumer Reporting Agencies Act. Violations can yield serious penalties of up to $10,000 and court costs. These fines can increase if the court finds that the act had been willful.
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