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RobertJDFL, Attorney
Category: Legal
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Experience:  Experienced in multiple areas of the law.
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i have been offered a job contingent upon a successful background

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i have been offered a job contingent upon a successful background check in a different state. i am worried because my credit is very poor due to my husbands failed business and foreclosure in process. the consent i gave was for a background check. Does that include a credit report or do they need to obtain a separate approval for that? the state is CA. thanks!
Submitted: 5 years ago.
Category: Legal
Expert:  RobertJDFL replied 5 years ago.

Thank you for your question. After reading my answer, please do not hesitate to reply if you have additional questions or need more information. If you have no questions, I ask that you click the ACCEPT button so that I am paid for my time. As I do this for a living, not a hobby, please honor and respect the honor code, and compensate me for my time as you would any other professional.



Credit reports and the companies that compile credit reports are governed in California by the Consumer Credit Reporting Agencies Act (CCRAA) (CA Civil Code §1785) The CCRAA allows your employer to obtain a copy of your credit report for "employment purposes." (CA Civil Code §1785.11(B)) This California law goes beyond the Fair Credit Reporting Act (FCRA).


The CCRAA gives job applicants and employees certain rights when a credit report is requested as part of an employment background check, including that your written permission must be obtained for a credit check to be done. The credit report cannot include any information about you that would violate equal employment opportunity laws, such as your age, marital status, race, color, or religion. Lastly, you are entitled to receive a copy of the report if you elect an employer to have it. The law also provides penalties to the company that issued the report and to the employer if violations occur.


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Customer: replied 5 years ago.
So to be clear the fact that consent was given for a "background check" and the verbiage did not specify "Credit report" the employer cannot pull the information, correct?

Expert:  RobertJDFL replied 5 years ago.
Correct. California's law requires that if the employer wishes to conduct a credit check, they must first get your permission to do so.
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