Special rules apply to anyone who collects, assembles, evaluates, compiles, reports, transmits, transfers, communicates or receives public records relating to a consumer’s character, general reputation, personal characteristics or mode of living.1 Public records include records documenting an arrest, indictment, conviction, civil judicial action, tax lien or outstanding judgment.

• If you conduct in-house background checks, you must make certain that you follow the rules relating to obtaining criminal history information. In general, criminal background checks are not allowed until after a conditional job offer. Be careful that any public records requests, including DMV records, do not also seek conviction history. For more information, see Prohibited Inquiries Before a Conditional Offer and Keeping Driver’s Licenses Private.

You must provide the investigated individual with a copy of the public record within seven days of receiving the information, regardless of whether the information is received in written or oral form, unless the person waives the right to receive that information in writing. On an employment application or any form, you can include a check box stating that the applicant waives the right to receive a copy of the public record. If you take any adverse action as a result of receiving information contained in those public records, you must provide a copy of the public record to the person, even if they waived their rights to receive a copy. Adverse action includes denial of employment or any other action that adversely affects any current or prospective employee.

If you gather the information in connection with an investigation for suspicion of wrongdoing or misconduct by the subject, you can withhold the public records until the investigation is completed. If information is gathered on employees who are not the subject of the investigation, you must provide the public records obtained on those people unless you have secured waivers or adverse action is ultimately taken against those additional people.

1. Civ. Code sec. 1786.53