Employers in Los Angeles must ensure their new hires are qualified for their jobs, safe, and trustworthy.
Los Angeles background checks help employers make better hiring decisions by investigating an applicant’s employment, education, conviction record, and other relevant information.
At iprospectcheck, we regularly conduct background checks for employers across Los Angeles County, including in Long Beach, Santa Monica, Malibu, El Segundo, Pasadena, Glendale, and more.
This guide will walk you through everything you need to know about background checks in Los Angeles.
Key Takeaways
- Background checks help Los Angeles-based employers verify the information applicants have reported.
- Employers might investigate an applicant’s criminal history, employment history, education, professional license, and other important information.
- Employers must comply with complex federal, state, and local laws when conducting background checks in Los Angeles.
What is a Los Angeles Background Check?
A Los Angeles background check is an investigation into the criminal history, employment history, education history, and qualifications of an applicant.
Employers conduct background checks to find qualified employees who can be trusted to perform the tasks of their jobs.
Why Do Employers in Los Angeles Conduct Background Checks?
Employers in Los Angeles hail from a variety of industries, including entertainment, healthcare, technology, transportation, manufacturing, education, and more.
The most common reasons why employers conduct employment background checks in Los Angeles include:
1. Maintain Regulatory Compliance
Certain employers conduct employment background checks to maintain compliance with state and federal regulations, including:
- Transportation
- Healthcare
- Social services
- Education
Employers in these and other sectors must complete specific background checks to comply with the applicable regulations and laws.
2. Protect Workplace Safety
Many employers perform background checks to ensure the safety of their current employees and customers.
Background checks can screen out applicants who could endanger workplace safety.
3. Reduce Liability Risks
Employers can face significant liability when they fail to conduct background checks if their employers injure others while working.
Performing background checks helps reduce potential liability risks because employers can show they conducted due diligence.
4. Promote a Positive Workplace Culture
Employers that conduct background checks demonstrate to their existing employees that they value qualified employees and prioritize a positive work environment.
When employees feel valued, it can reduce turnover rates.
5. Protect the Company’s Brand
Employees are representatives of the companies they work for. When an employer makes a poor hiring decision, it can negatively reflect on the company’s brand.
Background checks help employers choose new hires who will best represent them.
What Shows up on a Background Check in Los Angeles?
Various searches might appear on background check reports based on what an employer requests.
The most common searches requested by employers in Los Angeles include:
- Criminal history
- Employment verification
- Education verification
- Professional license verification
- Identity verification
Criminal History
Criminal background checks for employment reveal the following information about an applicant’s convictions or pending criminal case:
- Criminal case number
- Offense date
- Type of offense
- Severity level (felony or misdemeanor)
- Disposition and disposition date (if available)
- Sentence information (if available)
Expunged or sealed convictions can’t be inquired about or reported.
Employment Verification
Employment verification discloses the following information about an applicant’s prior employers:
- Name, address, and location
- Employment dates
- Positions held
Education Verification
Education verification shows the following information about the schools an applicant attended:
- Name, address, and location
- Attendance dates
- Whether the applicant was conferred a degree or diploma
Professional License Verification
Professional license verification reveals the following information about an applicant’s credentials:
- License number
- Issuance date
- License type
- Expiration date
- Public discipline or sanctions
- Revocations/suspensions
Identity Verification/Social Security Number Trace
An SSN trace shows the following information about the SSN reported by an applicant:
- The SSN’s validity
- Issuance year
- State in which the SSN was issued
- Names and aliases connected to the SSN
- Addresses connected to the SNN
- Date of birth of the individual associated with the SSN
This information can be used to conduct further searches to verify the applicant’s identity.
Know Before You Hire
How Do I Get a Background Check in Los Angeles?
Los Angeles employers typically either conduct employment background checks themselves or outsource them to a trusted third-party background screening company such as iprospectcheck.
Here’s a brief look at each of these methods and their pros and cons.
DIY Background Checks
Some employers attempt DIY background checks by calling an applicant’s listed references, searching the applicant’s name online, and submitting information requests to schools the applicant attended and state agencies.
Pros
- Free or inexpensive aside from fees charged by agencies
Cons
- Labor-intensive and can result in high labor costs
- Can take several weeks to obtain all of the necessary information
- Online searches could reveal information the company can’t legally use for hiring decisions
- Potential to misidentify an applicant with someone else who has a similar name
- Reports could be incomplete, inaccurate, and legally non-compliant
- Potential liability risks
Partnering With iprospectcheck
Pros
- Fast turnaround times
- HR staff can focus on other important tasks
- Identity verification to confirm the information belongs to the applicant and not someone else
- Always receive complete, up-to-date, and FCRA-compliant background check reports
- Minimize risks of liability
Cons
- Background check fees, but are affordable
Los Angeles Background Check Laws
Federal Laws
Fair Credit Reporting Act (FCRA)
The Fair Credit Reporting Act (FCRA) protects consumer privacy and applies to background screening companies and employers that rely on background check reports to make hiring decisions.
The FCRA restricts consumer reporting agencies from reporting the following types of information older than seven years for positions paying under $75,000 per year:
- Arrests not leading to convictions
- Paid tax liens
- Civil judgments
- Civil lawsuits
- Bankruptcies (Chapter 13, but Chapter 7 can be reported for 10 years)
The FCRA does not apply to convictions.
However, review the information in the state laws section to see additional state restrictions that apply to the reporting of certain information.
If a background check report reveals adverse information, an employer must complete the adverse action process before making a final decision not to hire the applicant.
Fair Chance to Compete for Jobs Act
The Fair Chance to Compete for Jobs Act is a federal fair chance law that applies to federal contractors and federal agencies.
Federal agencies can’t contract with federal contractors that ask for information about an applicant’s criminal history before extending a conditional employment offer.
Federal contractors are prohibited from inquiring about criminal history information before making a contingent employment offer.
Title VII of the Civil Rights Act of 1964
Title VII of the Civil Rights Act of 1964 forbids employers from engaging in workplace discrimination based on the protected characteristics of employees and applicants.
This law applies to employment background checks that reveal criminal history information.
Under guidance from the Equal Employment Opportunity Commission (EEOC), employers should individually assess convictions as they relate to the job before making an adverse hiring decision.
State Laws
California Fair Chance Act
The current Fair Chance Act in California is a statewide ban-the-box law that would be replaced by SB 809 if it is passed and enacted. However, it is currently the law in California.
Under California’s Fair Chance Act, employers are prohibited from asking applicants about conviction information before extending a conditional offer of employment.
Employers are not allowed to inquire about arrests not leading to convictions at any point.
Investigative Consumer Reporting Agencies Act (ICRAA)
The ICRAA applies to any area in which its restrictions are more stringent than the FCRA.
For example, the ICRAA prohibits the reporting of arrests not resulting in conviction even if they occurred within the most recent seven years and only allows the reporting of criminal convictions and pending cases.
The ICRAA also prohibits reporting convictions older than seven years regardless of the anticipated salary.
California Labor Code § 432.7
Under Cal. Lab. Code § 432.7, employers can’t ask applicants or employees about arrests that didn’t result in convictions.
Employers are also prohibited from seeking information about arrests from any other source for hiring decisions.
California Information Privacy Act (CIPA)
The California Information Privacy Act (CIPA) expands on the privacy protections of the FCRA for employment purposes.
Employers that complete background checks themselves must first provide applicants with the ability to opt in and receive a copy of the background check reports.
Those who partner with third-party screening providers must provide applicants with clear, conspicuous notice about the scope of the background checks.
If the screening provider will talk to the candidate’s references, the employer must do the following things:
- Explain the investigation’s purpose
- Provide the screening agency’s contact information to the applicant
- Give a summary of the applicant’s rights and copies of their background check reports
- Include a checkbox on the application or notice of the employer’s intent to conduct a background check that an applicant can use to signal they want to receive a copy of their reports
Consumer Credit Reporting Agencies Act (CCRAA)
The Consumer Credit Reporting Agencies Act (CCRAA) largely tracks the ICRAA.
It also includes a provision that both consumer and investigative reports qualify as background checks.
California Clean Slate Act
California’s Clean Slate Act was signed by Governor Newsom on Sept. 29, 2022.
This law provides for automatic record sealing for all felony criminal convictions, not including sex offenses or violent offenses, that meet the following criteria:
- More than four years have passed without any new felony convictions
- The conviction occurred after Jan. 1, 2005
- The individual completed all terms of their sentence (prison, parole, or probation)
If a conviction is automatically sealed under this law, the applicant does not have to disclose it. It also can’t be reported on a criminal background check.
The Clean Slate Act will be effective beginning July 1, 2023.
Use of Marijuana Outside of Work
Cal. AB 2188 was signed by Gov. Newsom on Sept. 18, 2022, and will be effective beginning Jan. 1, 2024.
This law prohibits employers from discriminating against employees and applicants for using marijuana outside of work.
While it doesn’t prohibit employers from conducting pre-employment drug tests for THC, they can’t base a negative hiring decision on positive marijuana results unless psychoactive THC is found in the blood.
Positive tests for metabolites will not be enough to deny employment.
The law contains several exceptions, including:
- Employers required to test for marijuana under other laws
- Employers that need to test for marijuana for security clearance purposes
- Federal contractors that must test for marijuana to obtain federal contracts
- Employers conducting reasonable suspicion drug tests when an employee appears to be impaired at work
- Employers in the construction industry
Los Angeles Ordinances
Los Angeles City Fair Chance Initiative for Hiring Ordinance (FCIHO)
Los Angeles has enacted the Fair Chance Initiative for Hiring Ordinance (FCIHO), which applies to both public and private employers within the city.
The FCIHO forbids both private-sector and public employers in Los Angeles from conducting criminal records checks before they extend a conditional employment offer.
If an employment offer is withdrawn based on a conviction, the applicant must then be allowed to complete the Fair Chance process.
How Can to Maintain Compliance When Conducting Background Checks
1. Implement a Background Check Policy
If your organization intends to conduct background checks, you should create and implement a background check policy that follows both California and federal law.
You should train HR staff on your policy to ensure adherence.
2. Notify Applicants and Obtain Consent
Notify all applicants that your company conducts background checks.
Before conducting a background check, obtain the applicant’s signed consent.
3. Wait to Conduct Background Checks
Wait until after you have extended an applicant an employment offer before conducting a criminal background check.
While other types of checks might be completed earlier, you can save money by waiting to conduct checks in general until after you have extended a job offer.
4. Individually Assess Conviction Records
If you learn that an applicant has a conviction, individually assess it as the information directly relates to the job.
5. Complete the Adverse Action and Fair Chance Processes
If you learn about an applicant’s problematic history or conviction, complete the steps of both the adverse action and fair chance processes before making a final decision not to hire them.
Turn to iprospectcheck as Your Partner for Los Angeles Background Checks
Employment background checks are crucial components of the hiring process for Los Angeles employers.
Companies can screen out unqualified, unsafe, or untrustworthy applicants by conducting Los Angeles background checks.
To learn more about the background check services provided by iprospectcheck and receive a free quote, call us today: (888) 509-1979
DISCLAIMER: The resources provided here are for educational purposes only and do not constitute legal advice. Consult your counsel if you have legal questions related to your specific practices and compliance with applicable laws.
FAQs
How long does a background check take in Los Angeles?
How long a background check might take depends on how you complete it.
If you attempt a DIY background check, it might take a few weeks.
If you partner with iprospectcheck, we are often able to return comprehensive reports within a few hours.
How much does a background check cost in Los Angeles?
If you ask an applicant to obtain a criminal record check from the California Department of Justice, the fee will be $25 for the report plus additional Live Scan fingerprinting fees.
This report will not provide all of the information you need to make an informed hiring decision, however.
If you partner with iprospectcheck, we have a variety of packages at affordable prices. You can also pick and choose individual reports to create your own.
We also offer volume discounts to employers that will order 50 or more background checks per year. Call us for a free quote: (888) 509-1979.
How far back does a Los Angeles background check go?
How far back Los Angeles and California background checks can go is restricted by both the FCRA and the ICRAA.
The FCRA restricts the reporting of information older than seven years for jobs paying less than $75,000 per year about an applicant’s arrests that didn’t lead to convictions, paid liens, Chapter 13 bankruptcies, civil lawsuits, and civil judgments.
The ICRAA, however, provides a seven-year restriction on reporting information regardless of salary and also restricts the reporting of misdemeanor convictions beyond that period.
California’s new Clean Slate Act will restrict reporting automatically sealed, non-violent and non-sex felonies that are older than four years after July 1, 2023.
Information about an applicant’s employment, education, and professional license is not restricted.