What Is the 7-Year Rule for Background Checks in CA?

A criminal background check is a normal part of life in many situations. For instance, when a person is applying for a new job, renting an apartment, or getting a professional license, chances are good that their history will be reviewed.

In California, federal and state laws apply, and there is an effort to balance both public safety and privacy rights with the "7-year rule." However, this is a rule that is often misunderstood.

For those with a criminal history, especially those who want to move forward following past mistakes with the law, understanding how the 7-year rule works is essential. This rule influences what is available when employers, landlords, or others see when they run a background check. As with many other laws, however, the rules always have exceptions and are subject to interpretation.

What is the 7-year rule for background checks in CA? How does it apply to California background check laws? Who does it affect? Let's take a look.

California Background Checks: The Basics

A background check is a report that includes certain information about a person's past. Some of the information that may be included in a background check include:

• Criminal records (convictions, arrests, pending charges)

• Employment history

• Educational history

• Credit history

• Driving records

• Licensing information

In California, employers and landlords use consumer reporting agencies, known as CRA, to prepare these reports. However, California civil code places limits on what can be reported and how the information can be used. Some of these state and federal laws include:

• The Fair Credit Reporting Act (FCRA) – A federal law that sets national standards for background checks and consumer reporting.

• The California Investigative Consumer Reporting Agencies Act (ICRAA) – A state law providing additional protections for California residents.

• The California Consumer Credit Reporting Agencies Act (CCRAA) – Another law regulating background checks in California.

Together, these laws create a framework that defines how long certain types of information can appear on a background check. For more information, these criminal defense lawyers in Sacramento CA may be able to help.

What Is the 7-Year Rule in Regard to a Criminal Background Check?

The "7-year rule" refers to a few California laws that limit the reporting of certain negative information on a background check to seven years from the date of disposition, release, or parole completion.

Under the "7-year rule," consumer reporting agencies cannot report the following if they are more than seven years old:

• Non-conviction information (such as arrests that did not lead to conviction)

• Civil suits, judgments, and records of arrest

• Paid tax liens

• Collections accounts

• Bankruptcies (though federal law allows reporting up to 10 years)

It is important to remember that convictions are treated differently. In California, court records showing a conviction can be reported forever. However, state law does come into play and limit how criminal record information remains relevant in employment background checks and housing background checks.

How the 7-Year Rule Applies to Criminal Records

There is a lot of confusion about how the "7-Year Rule" applies to criminal records.

• Arrests without conviction: If a person was arrested but not convicted, the arrest record cannot be reported after seven years.

• Dismissed cases: If charges were dismissed or the case was resolved without a conviction, it generally falls under the 7-year reporting limit.

• Convictions: Convictions may appear beyond seven years, but employers and housing providers are restricted in how they use this information.

For example, California’s “Ban the Box” law (discussed below) restricts when employers can ask about convictions, and landlords must comply with fair housing regulations that limit blanket bans.

Federal vs. Background Check Laws in California

It is important to know that federal law only restricts the reporting of certain types of negative information for seven years when it comes to jobs with an annual salary under $75,000. For higher paying positions, the restrictions are looser.

In California, however, there are broad protections to all workers and residents, regardless of their income level. This means that in most cases, the 7-year rule applies in almost all cases, even if federal law allows reporting for longer than seven years. Other states that have similar laws include New York, Texas, Washington, and Maryland.

The Role of the Fair Chance Act (“Ban the Box Law”)

California has even more protections than other states for those with a criminal background, including felony convictions. Known as the Fair Chance Act, or "Ban the Box" law, has significantly changed the way job applicants are treated. Under this law, almost all employers that have five or more employees, cannot do the following:

1. Ask about criminal history on job applications.

2. Inquire about criminal history before making a conditional job offer.

3. Use criminal history in hiring decisions without following a specific process.

Since employers cannot do the above, instead, they must conduct individualized assessments to determine is the conviction is relevant to the job. For instance, when doing a background check during the hiring process, a 10-year old misdemeanor for petty theft may not be relevant for a warehouse job today.

Exceptions to the 7-Year Rule and California Background Check Laws

As with most legal rules, there are exceptions to the "7-Year Rule." Certain positions or industries are exempt, meaning that during pre-employment background checks, history longer than 7 years can be reported. Examples include:

• Law enforcement jobs

• Jobs requiring firearm possession

• Some government jobs

• Jobs working with children, the elderly, or vulnerable populations

• High-level financial positions

Additionally, as mentioned earlier, jobs paying more than $75,000 per year may fall outside the stricter reporting limitations under federal law.

Housing and the 7-Year Rule

The 7-year rule is not limited to employment. Landlords also use background checks when screening tenants. They connect consider the following when determining if an applicant can live in their property:

• Arrests not resulting in convictions

• Sealed or expunged records

• Juvenile records

It's possible that convictions older than seven years may still appear on a background check, fair housing laws and local ordinances often prevent a landlord from denying housing based only on old or irrelevant convictions.

How are Sealed and Expunged Records Handled?

For those who are worried about how a past record may affect their background check, another option is to get the records sealed or expunged. An expungement allows certain convictions to be dismissed after the successful completion of the probation or sentence. Sealing the record can also hide any arrests and cases that didn't result in a conviction.

When a record is sealed or expunged, it cannot be reported on a background check, even if it is within that 7 year time frame.

Why the 7-Year Rule Matters

The 7-year rule is important, and it reflects the state of California's policy of encouraging rehabilitation and prevents lifelong punishment for past mistakes. Without these protections, an individual can face issues with employment and housing for many years following the time the incident occurred.

For an employer and landlord, the rule also helps them focus their hiring or rental decisions based on relevant and current information instead of outdated records that might not reflect the applicant's character.

Challenges in Applying the 7-Year Rule

In spite of its protections, the 7-year rule can be difficult to apply in practice. Common issues include:

• Errors on background reports – Sometimes outdated or incorrect information is still reported.

• Different interpretations – Employers, landlords, and reporting agencies may not always agree on how the rule applies.

• Exceptions – Certain jobs or positions may bypass the restrictions.

For individuals facing challenges with a background check, legal help may be necessary to assert their rights and answer questions such as what is the second chance program in CA?

How an Attorney Can Help

Attorneys experienced in California employment and criminal law can help in several ways:

• Reviewing background reports for accuracy

• Challenging improper reporting of old or irrelevant records

• Assisting with expungement or record sealing

• Advising on housing or employment denials based on criminal history

• Representing clients in disputes under the Fair Credit Reporting Act or California’s consumer protection laws

For someone trying to rebuild their life after a criminal conviction, this support can be invaluable.

The 7-year rule for background checks in California is an important safeguard designed to ensure that individuals are not unfairly judged by outdated or irrelevant information. While convictions may still appear after seven years, the interplay of state protections, federal laws, and local ordinances means that many records are limited or restricted in how they can be used. Goss Law can also consult on how to restore civil rights in CA.

Navigating these rules can be challenging, especially for individuals seeking stable housing or employment after a conviction. By understanding how the 7-year rule works and seeking legal guidance when needed, Californians can better protect their rights and move forward toward a brighter future.

Goss Law is happy to talk to anyone who needs more assistance with the 7-Year Rule and how it applies to their personal situation. Free consultations are available.