The Department of Justice (DOJ) is the government agency in charge of maintaining and issuing official background reports for the state. All local law enforcement and courts are required to feed information into their system to keep it up to date. Upon request by a government agency, employer or licensing authority, the DOJ supplies criminal background reports. The state residents may also request a copy of their own criminal background information through the DOJ. In either case, the subject must be fingerprinted first by an authorized fingerprint vendor using LiveScan. Out-of-state residents can send in a fingerprint card to get a copy of their background check in California.
An official California background check report will show mainly criminal information such as arrests, warrants, police records, DUIs/DWIs, felonies, misdemeanors, convictions, incarcerations along with probation and parole violations. These records come from state and federal (FBI) law enforcement databases. The state uses fingerprinting to obtain a perfect match. Processing usually takes about 2-3 days to find a match and produce a report. The background report is then sent to the requestor and in some cases a second agency as mandated by law. Before the response is sent, in some cases the report has to be reviewed by a technician, and this can cause delays. When this happens, the requestor is sent a message notifying them of the delay. Other things that can cause delays are poor fingerprint quality, and incorrect information in the database.
Official reasons for needing a background report include employment screening, obtaining a gun permit, certification or other types of licensing. With a formal background information, criminal records may come into play and can determine whether or not the subject gets the job or license.
There are also public background check reports which are derived from public and private sources. These reports can be used to look up information on people such as someone’s neighbors, business associates or even for dating. Other reasons people use public background checks are to find their long-lost love, before buying or selling online, lookup public court information, to check out potential roommates, before dating someone, to find someone’s address or to check out their own background information to see what comes up.
Public background reports contain more than just public criminal records. They also include information from civil court records and other public and private sources. Some of the information provided will be:
Marriages and Divorces
Auto, Vessel, Aircraft Ownership
Current and Past Addresses
Phone and Email Address
Relatives and Associates
Social Media Accounts and More
A California criminal background check shows detailed information about someone’s entire criminal history including arrests, warrants, police records, DUIs/DWIs, felonies, misdemeanors, convictions, incarcerations along with probation and parole violations. The state has stringent laws about how companies can use CA background checks during pre-employment screening. They observe the ban-the-box law and restrict the use of criminal information when discriminating against hiring. The state requires employers to notify the person in writing if something on their criminal background information prevents them from hiring them. Employers are also federally regulated to comply with the Fair Credit Reporting Act (FCRA) and Title VII of the Civil Rights Act of 1964.
The Department of Justice (“DOJ”) acts as a point of contact for California gun background checks and therefore when someone wants to buy a gun, the state must run a background check first. This law applies to anyone loaning or transferring ownership of a firearm as well. Private sales must go through licensed dealers so that a background report can be performed. So far this year, Ca has completed 1,187,115 background checks for the potential sale of guns. Three hundred ninety-two thousand six hundred sixty-one of them were for handguns, 278,572 for long guns and 466,315 for carrying permits.
On average 1,297,132 gun checks annually are being conducted through NICS in California.
California Background check laws apply most often to the use of them for employment. When using an official background information, employers must comply not only with the Fair Credit Reporting Act (FCRA) but also the California Information Privacy Act (CIPA), which increases the privacy for potential employees when undergoing a background check to get a job. Employers are not allowed to ask about medical history including physical or mental disabilities. Employers are not allowed to discriminate against you if you have criminal convictions unless they apply to the job you would be doing. You cannot be denied employment due to poor credit history. Employers can request driving records and use those to determine your eligibility. They can also request copies of education transcripts and even workers compensation reports.
Employers and agencies using background checks to determine employment, licensure or certification must notify the applicant in writing if they are denied and why. Applicants have five days to challenge the validity of information in their background report.
According to The Fair Credit Reporting Act, when using sites like InfoTracer to obtain a background report, the information cannot legally be used to determine credit, employment, tenant screening or any other eligibility requirements for business or professional use.
In 2017, there have been 1,761 victims of online romance scams in California, resulting in $31.6 million adjusted losses associated with these complaints.
|Age Group||Count||Amount Loss|
|20 - 29||5,737||9,665,168|
|30 - 39||6,170||22,115,761|
|40 - 49||7,410||31,208,364|
|50 - 59||5,908||38,592,052|