The Authority has recently revised its Criminal Background Check Policy template, which can be found in the Resources and Documents library on cjpia.org. This newest revision addresses recent changes in regulations that California’s Department of Fair Employment and Housing (DFEH) made regarding employers’ use of employees’ and applicants’ criminal history in employment decisions.
Specifically, the template revisions add the following information:
- Except as otherwise required by law, criminal history statements shall not include juvenile court records regardless of whether such records are sealed or unsealed (Section III.A.2).
- Except as otherwise required by law, an agency shall not use records of any arrest, detention, processing, diversion, supervision, adjudication, or court disposition that occurred while under the jurisdiction of juvenile court law. This exclusion applies regardless of whether such records are sealed or unsealed (Section III.C.3.e).
- Investigative consumer reports (such as background checks obtained by an agency) must comply with the requirements of the Fair Credit Reporting Act and California Investigative Consumer Reporting Agencies Act (Section IV.C).
This template helps Authority members establish a model policy to assist with conducting background checks that are consistent with state and federal law. For information on this template or any Authority resource, members can contact their regional Risk Manager.