For those of you who conduct background screening in California, new legislation has been enacted regarding the requirements for disclosure and consent:

California Governor Gray Davis on September 28th signed two bills to ease the requirements imposed on employers as a result of California Act AB655. The laws are effective immediately.

According to the California State Assembly, AB1068 was introduced because businesses expressed concern about the ability to comply with AB655, which required employers to send copies of all information collected during a pre-employment background check.

Under AB1068, applicants will select a box on the disclosure and consent form indicating they would like a copy of the report. If the box is checked, employers will be required to send copies within three days of receiving it from the Investigative Consumer Reporting Agency.

If the applicant does not check the box, the employer is not required to send the report.

AB2868 expands the range of information that may be obtained with a background check as explicitly required by a governmental agency to include some of the items that were otherwise prohibited under AB655, such as criminal convictions and unpaid tax liens dating back more than seven years.

NCRA

The National Credit
Reporting Association
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