If the information is available using a web browser with or without a search engine, forget all logic about recently passed state laws especially in California. If the reason for the background check is for employment, all screening companies including licensed Private Investigation companies are barred from reporting criminal cases depending on the state and the circumstances of the case. That means we are barred/gagged from reporting information an average person can find online using a web browser.
California Civil Code 1786 prohibits the reporting of any criminal case (Felony or Misdemeanor) 7 years from the date of CONVICTION for all Investigation companies including Credit Reporting agencies. What does this mean for employers?
BEWARE.
You can go through an employment screening process with a person holding any California address (real or otherwise) and the senario is scary…Murderer or Sex Offender, regardless of how many years in jail, a conviction, Felony or not… and that person is reported as ”No Criminal Record Found” by screening companies when you receive the report. So the person leaves prison on parole yesterday and his conviction was this day more than 7 years ago and his conviction is washed away from background check reports held by Private Investigation companies. The penalty for a private investigation company to report the person with a conviction outside of 7 years (regardless of the type of crime) in CA is a minimum of a $10,000 penalty.
Clearly the law is protecting the felons in California at the peril of the citizens of all the other states because this reporting law must be complied with by all Investigation companies regardless of where they are licensed. For our clients and other employers and business owners, I want you know what you aren’t being told because of new emerging laws, and the risks of hiring a serious criminal at your firm are now more real probable than ever.