WHAT’S ON YOUR RAP SHEET? — What California Consumers Need to Know About Criminal Background Checks
At R23 Law, our California Consumer Protection Attorneys often hear a familiar question: “Can they see my record?”
For many Californians, especially those with past criminal charges or arrests, background checks can feel like a looming threat—one that may cost them a job, housing, or even access to professional licenses. Here’s what you need to know—and what your rights are under California and federal law—when it comes to criminal background checks.
What Exactly Is a Criminal Background Check?
A criminal background check is not one-size-fits-all. Depending on who’s requesting it and how deep they’re digging, the check may involve different sources—such as:
California Department of Justice (DOJ) rap sheets
Federal records from the FBI
Public court databases
Private screening services
Employers, landlords, and licensing agencies are increasingly relying on these checks to vet applicants. But the scope and legality of the information they access are subject to strict rules—and often, limits.
Arrested but Not Convicted? That Might Still Show Up
Unfortunately, arrests—even those that didn’t lead to a conviction—can appear in some background checks, especially if the arrest was recent or the case is still pending. And while your DOJ rap sheet is confidential, mistakes can happen when third-party screeners or online databases pull outdated or incomplete records.
Key Insight: Disclosing a person’s confidential criminal history (rap sheet) without proper legal authorization is a misdemeanor under California law. That includes employers or landlords sharing this information without consent.
California Has Specific Laws That Protect You
Unlike other states, California has strong consumer protection laws that limit what criminal history can be used in employment and housing decisions.
R23 Law’s California Consumer Protection Attorneys routinely represent individuals affected by these key legal restrictions:
Convictions older than 7 years (with few exceptions) generally cannot be reported under California’s Investigative Consumer Reporting Agencies Act (ICRAA).
Arrests that didn’t lead to convictions cannot be used against you.
Expunged or sealed records, as well as records subject to diversion programs, are typically off-limits.
Juvenile records are also protected and should not appear on standard background checks.
Background Check Errors Are Alarmingly Common
Even though California law offers protections, background check companies regularly make mistakes:
Reporting sealed or expunged records
Mixing up people with similar names
Listing outdated or incorrect charges
These errors can cost you a job, an apartment, or professional certification.
If a background check contains incorrect or illegal information, you may have a claim under both the Fair Credit Reporting Act (FCRA) and California's ICRAA. These laws entitle you to dispute inaccuracies—and potentially recover financial compensation.
Real-Life Scenarios We Handle at R23 Law
You were arrested for domestic violence, but charges were dropped. That arrest should not be used against you in most housing or employment decisions.
You were convicted of a DUI years ago and completed probation. You may be eligible to expunge your record under California Penal Code § 1203.4.
A healthcare employer flagged your old arrest, even though it was dismissed. In certain sensitive job sectors, exemptions exist—but that doesn’t mean they can report outdated or inaccurate data.
Take Action: Protect Your Reputation and Your Rights
If you're concerned that a background check may be holding you back—or that your rights have been violated—R23 Law’s California Consumer Protection Attorneys are here to guide you.
We help clients:
Dispute and correct background check errors
Pursue claims for damages under the FCRA and ICRAA
Expunge eligible criminal records
Assert their legal rights in employment and housing contexts
Speak With a California Background Check Lawyer Today
Don’t let background check errors or outdated arrests define your future. Whether you're applying for a job, housing, or a license, your rights matter.
📞 Schedule a free consultation with R23 Law’s California Consumer Protection Team.
Let us fight for your clean slate.
