The Expert Podcast

• Background checks are commonly used for employment, renting real estate, and business deals.
• Understanding when and how a criminal history can be used is crucial, but laws vary by state.

• A private investigator was hired to perform a background check for a prospective employer.
• The investigator found criminal history on the applicant and provided it to the employer.
• The employer declined the job offer based on the information.
• The applicant sued both the employer and the background check agency, citing California law that prohibits using criminal records for employment purposes if the conviction occurred more than 7 years ago.

• In California, the conviction record cannot be used for employment decisions if it’s older than 7 years.
• Different states and federal laws may have limitations on the use of criminal history for various purposes (employment, renting apartments, issuing insurance policies, etc.).

• If you are considering using a criminal background check, seek legal advice to ensure you comply with local, state, and federal laws.
• Private investigators must be cautious when providing criminal records to third parties. Ensure your clients know how to use the information legally.

• Third-party agencies might not always provide accurate or complete information.
• Criminal records might be linked to the wrong individual or include arrests without convictions.
• Some third-party services use inexpensive databases that may not be 100% accurate or comprehensive.

• For the most reliable criminal record information, directly visit the relevant government agency (police department, prosecutor, courthouse).
• Be cautious when relying on online background check services as they may not access all jurisdictions or provide complete records.

• Knowing how and where criminal records are obtained is as important as obtaining them.
• Understand the legal restrictions surrounding background checks to avoid legal issues when making decisions based on criminal history.