A California background check for a job is either a report from a private screening company or a Live Scan fingerprint check sent to the California Department of Justice (DOJ), and in both cases most employers may only run it after a conditional job offer under the state's Fair Chance Act. When Live Scan finds no record, employers usually hear within two or three days; anything that matches a record needs a DOJ technician and takes longer.
We are an independent guide, not the California DOJ or the Civil Rights Department. You request records, pay and get official results only through those agencies' own sites, linked on this page. Here is what each check involves and what California law says employers must do before they say no.
Quick answers
Official source
California Department of Justice, Bureau of Criminal Identification and Analysis (fingerprints and records). Civil Rights Department (Fair Chance Act).
Check type
Both. Private name based reports for most jobs, Live Scan fingerprints for licensed and regulated work.
When employers can check
Most employers with five or more employees: only after a conditional offer.
Off limits
Arrests without conviction (limited exceptions), sealed, dismissed or expunged convictions, completed diversion, and conviction history over seven years old.
Live Scan timing
Usually 48 to 72 hours when no record matches, per the DOJ. Longer when a technician must review.
Your response time
At least five business days after a preliminary notice, and at least ten if you are challenging accuracy.
Live Scan background check: how it works
Live Scan is California's system for taking fingerprints electronically and sending them to the DOJ, and on to the FBI when the agency is allowed to ask for that. The DOJ's fingerprints and background checks page describes the process:
- The employer or licensing agency gives you a Request for Live Scan Service form (BCIA 8016) with its agency code, mail code and your working title.
- You take it to a Live Scan operator with valid ID. Prints must be taken by a certified fingerprint roller or qualified law enforcement staff.
- The operator sends the prints to the DOJ, usually within 24 hours. The ATI number on your receipt is for tracking only.
- When nothing in the files matches, the DOJ says the answer is normally ready in 48 to 72 hours. A possible hit is pulled for a technician, and the agency is sent a delay notice meanwhile.
- Results go to the agency that requested them, not to you.
If the agency's mail code on your form is wrong, results can go to the wrong agency. Double check the form before your appointment.
Live Scan vs background check from a screening company
| Live Scan (DOJ) | Private screening report | |
|---|---|---|
| Identity method | Fingerprints | Name, birth date, address history |
| Who can request | Agencies and employers authorized by law | Any employer, with your written consent |
| Typical jobs | Teachers, caregivers, healthcare, child care, security, state licenses | Most private sector jobs |
| Records searched | DOJ state records, plus FBI when authorized | County courts, statewide and national databases |
| Rules that apply | Penal Code access rules plus the Fair Chance Act where it covers the job | FCRA, California's investigative consumer reporting law, and the Fair Chance Act |
Caregiver, IHSS provider and community care facility jobs use Live Scan through the state's social services programs, so a "CDSS background check status" question goes to that department or your county, not to a private company. For more on prints in general, see how fingerprint screening works.
What the Fair Chance Act changes in a California background check
The Fair Chance Act, enforced by the California Civil Rights Department, covers public employers and private employers with five or more employees. Its fact sheet lists what most of those employers cannot do before a job offer: ask about conviction history on the application, run a background check or search the internet for criminal history, or post ads saying "no felons."
After a conditional offer, an employer can run a check, but it can never consider:
- Arrests that never became convictions, apart from narrow exceptions
- Convictions that were sealed, dismissed, expunged or eradicated
- Cases dismissed or sealed after completing a diversion program
- Conviction history older than seven years, counted from the conviction date, release from custody or parole
The law has exceptions, such as farm labor contractors, state criminal justice agencies, certain health facility positions, and positions where some other statute makes a records check mandatory. Los Angeles and San Francisco add their own local rules on top.
If a California employer wants to withdraw the offer
The employer must first do an individualized assessment. That means weighing three things: how serious the conduct was, the years since it (or since release), and the specific duties of this position. If it still leans toward withdrawing, it must send a written preliminary notice naming the convictions involved, enclosing the report, and telling you that you may answer. You then get at least five business days, or at least ten days if you are disputing the report's accuracy.
Dear [Hiring manager name],
Thank you for your notice dated [Date] about my offer for [Job title]. I would like you to consider the following before a final decision.
The listed conviction dates back [Number] years. In that time I completed [Program or training], worked steadily at [Employer type], and finished probation early. Copies of my certificate and two reference letters are enclosed.
I am confident I can do this job safely and well, and I am glad to answer any questions.
Sincerely, [Your name]
If the final answer is still no, the employer must say so in writing, describe any appeal process, and tell you about your right to file a complaint with the Civil Rights Department.
How to see your own California DOJ record
The DOJ's record review page explains how to request a copy of your own state criminal history:
- Living in California: fill in form BCIA 8016RR, choose "Record Review," and get Live Scan prints at any site. A fee waiver may be available.
- Living outside California: send form BCIA 8705 with an FD-258 fingerprint card made by local law enforcement.
- If something is wrong: your response includes a claim form (BCIA 8706). Return it with proof. For court errors, ask that court's clerk to forward a correction to the DOJ.
If you are applying for regulated work such as teaching or caregiving, review your record a month or two before applying. Corrections take time, and the agency sees the same file.
Do: check whether old cases qualify for California's automatic record relief or a petition to dismiss before you apply.
Do not: pay a website that promises a "free California background check" and wants your SSN up front.
How long a California background check takes
A private report covering California counties is often done within a week, although some county courts are slow to pull files. A Live Scan with nothing to review tends to wrap up in two or three days. A record match, a mail code error or rejected prints can push it to weeks. Compare other states on our state by state list, and for what can appear, see our criminal records guide.
California rules are detailed and updated often, and nothing here replaces legal advice for your own file. For a Fair Chance Act question, the Civil Rights Department takes calls and complaints, and a workers' rights clinic or an employment attorney can review your notice.
Questions people ask
How many years can a California employer look back?
Under the Fair Chance Act, covered employers cannot consider convictions more than seven years old, counted from the conviction, release or parole date. Some jobs regulated by other laws, such as those requiring Live Scan, can look further back. Arrests without convictions are generally off limits.
How long does a Live Scan background check take?
The DOJ says prints with no match are usually processed in 48 to 72 hours. If a record matches, a technician reviews it, which can take much longer, and the agency gets a delay notice.
How do I check my CA DOJ background check status?
Use the ATI number from your Live Scan receipt with the DOJ's applicant status service, or ask the agency that requested the check. Results themselves go to the agency, not to you.
Can I get a California background check free?
Employers pay for job screenings. A DOJ record review has a fee, but the DOJ offers a fee waiver for eligible people. Skip any site that sells DOJ results, because only the DOJ releases them.
What is a DOJ background check?
It is a fingerprint based search of the California Department of Justice's criminal history records, done through Live Scan, often combined with an FBI search. Agencies and employers use it when a California law requires it.
Who handles an FBI background check apostille for Californians?
The FBI result is a federal document, which puts it with the State Department in Washington rather than the California Secretary of State. Our apostille walkthrough covers the steps.