Principles for Public Safety Employment

 Unsatisfied judgments which antedate the report by more than seven years;  Unlawful detainer actions where the defendant was the prevailing party or where the action was resolved by settlement agreement;  Paid tax liens which antedate the report by more than seven years;  Accounts placed for collection or charged to profit and loss that antedate the report by more than seven years;  Records of arrest, indictment, information, misdemeanor complaint, or conviction of a crime that, from the date of disposition, release or parole, antedate the report by more than seven years.  Any other adverse information that antedates the report by more than seven years. 17

With respect to the above referenced restrictions, California law exempts employers from these requirements if the employer is required by a regulatory agency, e.g., POST, to consider such information. 18 However, the efficacy of the ICRAA’s exception is questionable since there is no parallel provision in the FCRA and federal law supersedes state law. In light of the above, an agency may consider performing background investigations in-house rather than hiring a third party. Nonetheless, while the FCRA’s restrictions do not apply to in house background investigations at all, the ICRAA still imposes burdens on background investigations conducted in-house by California employers, including public safety employers. 19 For example, unless an applicant/employee has elected not to receive them, an employer must provide a copy of any public record which is obtained for employment purposes within seven days after receipt of the information, whether the information is received in a written or oral form. 20 Under the ICRAA, a public record includes records which document an arrest, indictment, conviction, civil judicial action, tax lien or outstanding judgment. 21 The election to receive or not to receive any public records is valid only if it is on a form provided by the employer which contains “a box that, if checked by the consumer, permits the consumer to waive his or her right to receive a copy of any public record obtained.…” 22 Labor Code section 1024.5 (a) prohibits an employer or prospective employer from using a consumer credit report for employment purposes unless the position of the person for whom the report is sought is any of the following: (1) a managerial position; (2) a position in the state Department of Justice; (3) a sworn peace officer or other law enforcement position; (4) a position for which the information contained in the report is required by law to be disclosed or obtained; or, in subsections (5) through (8), access to certain types of private information, the employer’s accounts, or cash totaling $10,000 or more.

Principles for Public Safety Employment ©2022 (s) Liebert Cassidy Whitmore 14