How Far Back Does a DOJ Background Check Go in California? Unveiling the Truth
In California, the question of how far back a Department of Justice (DOJ) background check goes isn’t as straightforward as you might think. While the DOJ maintains criminal history records until an individual reaches 100 years of age, the information that can be legally reported in a background check for employment or other purposes is often limited. This is due to a complex interplay of California state laws, federal regulations, and specific industry standards. So, the short answer is: The DOJ keeps criminal history information until the subject is 100 years old. However, what can legally be reported on a background check to an employer is limited by other state and federal laws.
This article dives deep into the intricacies of DOJ background checks in California, clarifying what information is accessible, what restrictions exist, and how these regulations impact employers and individuals alike.
Understanding the California Landscape: Seven-Year Rule and Beyond
California operates under a principle often referred to as the “seven-year rule” when it comes to background checks, particularly for employment. This rule, rooted in the Investigative Consumer Reporting Agencies Act (ICRAA), dictates that certain information, including:
- Misdemeanor convictions
- Arrests (without conviction)
- Complaints
- Indictments
cannot be reported on background checks if they are older than seven years.
However, this rule has limitations. It doesn’t apply to all situations, and there are notable exceptions:
- Salary Threshold: The seven-year rule doesn’t apply if the position in question has a salary of $150,000 or more.
- Certain Industries: Some industries, such as law enforcement or those working with vulnerable populations (children, elderly, etc.), may be exempt from the seven-year rule, allowing for a more comprehensive review of an applicant’s criminal history.
- Felony Convictions: Felony convictions generally remain on a person’s record indefinitely unless expunged (more on that later).
The Federal Angle: FBI Background Checks and Rap Sheets
While California law imposes restrictions on reporting certain information, the federal government, specifically the FBI, maintains a national criminal history database. If your fingerprints match those in this database, the FBI will send the DOJ a “rap sheet.” This sheet contains criminal history information reported from various states and federal agencies.
The challenge arises when a federal background check reveals information that would be barred under California’s seven-year rule. In these cases, employers must navigate the complexities of complying with both state and federal laws. Generally, California employers must adhere to the stricter state regulations, meaning they can’t use information that is otherwise inadmissible under the seven-year rule, even if it appears on a federal rap sheet.
Expungement: A Path to a Cleaner Record
One crucial aspect of navigating background checks is understanding the process of expungement. Expungement allows individuals to petition the court to have certain convictions removed from their public record. In California, eligibility for expungement depends on several factors, including:
- Successful completion of probation.
- Payment of all fines and fees.
- Absence of pending criminal cases.
SB 731, which went into effect July 2023, streamlines the expungement process for certain criminal history records, enabling individuals to clear their records faster. Important Note: California law prohibits employers from considering expunged records.
However, not all crimes are eligible for expungement. Some serious offenses, particularly those involving violence or sexual offenses, may be ineligible.
Live Scan: A Comprehensive Look
Live scan fingerprinting is often used for background checks, especially for positions requiring security clearances or working with sensitive populations. A live scan essentially captures your fingerprints electronically and submits them to the DOJ and FBI for comparison against their databases.
The results of a live scan will reveal a comprehensive criminal history, including arrests, charges, dispositions, convictions, dismissals, and diversions. While the seven-year rule may still apply to limit what can be reported to an employer, the live scan itself provides a complete record of your interactions with the criminal justice system.
Navigating Background Checks: Tips for Individuals
- Know Your Rights: Familiarize yourself with the California ICRAA and other relevant laws regarding background checks.
- Review Your Record: Obtain a copy of your criminal history record from the DOJ to identify any inaccuracies or potential issues.
- Consider Expungement: If you are eligible, explore the possibility of expunging past convictions to improve your employment prospects.
- Be Honest: Disclosing criminal history upfront, even if it is old, can demonstrate honesty and integrity.
- Seek Legal Advice: Consult with an attorney experienced in California background check laws for personalized guidance.
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Frequently Asked Questions (FAQs)
1. Does a felony conviction ever go away in California?
Generally, felony convictions remain on your record for life unless expunged. Expungement requires a court petition and meeting specific eligibility criteria.
2. How long does it take for a DOJ background check to clear?
A CA and FBI background check typically takes 1-2 weeks. However, the DOJ can take up to 30 days, as it involves a more extensive review process.
3. What can cause a delay in a DOJ background check?
Delays can result from poor fingerprint quality, existing criminal records, birthdates before 1920, or incorrect data submitted.
4. Can an employer ask about my criminal history during the initial job application?
No. California law prohibits employers from asking about an applicant’s criminal history during the application or interview process. They can only inquire after making a conditional job offer.
5. Do arrests without convictions show up on background checks in California?
Yes, arrests can show up, but under the ICRAA, arrests that did not lead to a conviction cannot be reported if they are older than seven years.
6. What is the California seven-year rule?
It limits the reporting of certain criminal history information (misdemeanor convictions, arrests without conviction, complaints, and indictments) to the past seven years for employment background checks. It is derived from the Investigative Consumer Reporting Agencies Act (ICRAA).
7. What shows up on a live scan background check in California?
A live scan reveals all your criminal history, including arrests, charges, dispositions, convictions, dismissals, and diversions. It can include federal records.
8. What is the new background check law in California for 2023 (SB 731)?
SB 731 streamlines the expungement process for certain criminal history records, making it faster for individuals to clear their records.
9. How does the salary for a position affect the background check?
If the position has a salary of $150,000 or more, the seven-year rule does not apply, allowing employers to access more extensive criminal history information.
10. Can I buy a gun in California if I have a felony conviction?
Generally, a felony conviction results in a lifetime ban on firearm ownership in California. Certain misdemeanors also result in a ban, either for life or for ten years.
11. What felonies cannot be expunged in California?
Certain serious offenses, such as child pornography crimes, certain sexual assault crimes, and committing lewd acts with a minor, are generally ineligible for expungement.
12. What is a DOJ security clearance?
A security clearance allows an individual to access classified national security information up to a certain level, based on their position and “need to know.”
13. How far back does a CSLB (Contractors State License Board) background check go?
For rehabilitation evaluation, CSLB generally looks for three years to have passed after a misdemeanor conviction and seven years after a felony conviction, without further violations of law.
14. What should I do if I find inaccurate information on my background check?
Contact the reporting agency immediately to dispute the inaccurate information. You have the right to challenge and correct any errors in your criminal history record.
15. Where can I get my background check history report in California?
You can request your criminal history record from the California Department of Justice (DOJ). Information for requesting the criminal history record can be found on the CA DOJ website.
Conclusion
Navigating the complexities of DOJ background checks in California requires a thorough understanding of state and federal laws, the process of expungement, and the limitations imposed by the seven-year rule. By understanding your rights and taking proactive steps to manage your criminal history record, you can improve your employment prospects and ensure fair consideration in the background check process.