California State Civil Code protects those with a criminal record making a flight to California potentially advantageous for those with criminal history. Texans are not yet added to the California Endangered Species List but ex-convicts and others with a criminal history are protected by its forgiving state laws.
This comic strip “I Was Framed – Texas Fugitive From Justice” highlights the risks to employers in hiring a California resident and the advantages to procuring a residential address (even if on the couch) in Cali.
Please note this Disclaimer: We are not lawyers and any information in this blog post is not meant as legal advice. This article is not meant to act as or take the place of a professional legal consultation.
If you are an employer hiring on LinkedIn or if you hire remote, Employer Beware. Some candidates are riskier to hire than others because some states protect what can be reported on an employment background check. These states leave you in the dark with all the risk (even if your company does not have an office in the State.)
In an earlier post we framed the issue with California State law by using Charles Manson as an example. Charles Manson was up for parole April 2012. If he were released today his commercial background check report would be CLEAR. Steve Grogan, part of the Manson family and convicted of murder, was paroled in 1985; His background report will not list the murder either.
If you are shocked, we are not surprised.
Although the FCRA allows a criminal conviction to be reported indefinitely, the California Civil Code Civil Code §1786.18(b)(7) states the following:
“1786.18. (b), an investigative consumer reporting agency may not make or furnish any
investigative consumer report containing any of the following items of information:
(7) Records of arrest, indictment, information, misdemeanor complaint, or conviction of a crime that, from the date of disposition, release, or parole, antedate the report by more than seven years. …”
Manson and Grogan are California residents. The date of disposition means the date of conviction. Manson was convicted in 1971. Once 7 years passes from the conviction date, the case is no longer listed on their background report….Yes, even if they spent the last 7 years in Prison for a Felony.
So if you attempt to background check anyone with CLAIMED California address, your background check report may not be telling you the whole story on the candidate’s background. Even if the candidate is not a permanent resident of the State and just claims a current residential address on the release form, your background check company has to abide by the reporting limitations of the California law.
If you have any hiring story nightmares related to this subject, we want to hear from you.
Some states like California limit the time a criminal case can be reported even if the crime is a Felony Murder.
When hiring remote and sight unseen, be aware you may not be getting the whole criminal history on a background check report [because the State Law may supersede the Federal law.]
OTHER COMIC STRIPS: