6. Can my employer get my summary criminal history?
Generally no. Most private employers do NOT have the right to request your summary criminal history. In fact, unauthorized use of your private information is a crime. There are some important exceptions to this rule, mostly listed in Penal Code § 11105. Some of the most important exceptions are listed below:
◦Law enforcement personnel, such as police officers or parole and probation officers, may see your summary criminal history if it is necessary for their jobs. People involved in a criminal case, such as court officers, judges, prosecutors, and defense attorneys, may see your summary criminal history if you are a party or a witness for a case.
◦Government employers, like a job with the city or state, may see your summary criminal history in considering your application for a job if authorized by law or regulation. (Labor Code § 432.7.)
◦Public utilities, especially nuclear power facilities, may be able to request your summary criminal history.
◦Some organizations are considered “agencies of the state,” and can see your records if permitted by law or regulation. This may include applications for licenses or certifications, such as entrance to the California bar or an application for a concessionaire’s license.
◦Some laws expressly allow other employers, such as schools or eldercare agencies, generally to see summary criminal history information to screen job applicants. To have access under this exception, the law must (1) explicitly authorize the employer to see summary criminal history information, (2) refer to specific criminal conduct (i.e., specific crimes, not just any convictions), and (3) require that the employer act on the existence of such information. For example, the law might require the exclusion of job applicants with certain convictions, like child molestation, from certain jobs, such as teaching.
◦Employers can also get access to some of your records (but not your “rap” sheet) through a general background check, using public record and databases kept by courts, news reporting agencies, or for-profit information-gathering services.