Bakersfield Background Check Rules for Small Business
Bakersfield, California small businesses must follow federal and state rules when ordering background checks for job applicants. Municipal code for Bakersfield does not create a separate general-background-check regime for employers, but local licensing and specialized permits may require fingerprinting or disclosures. This article summarizes what Bakersfield employers should know, which city departments handle licensing, where to get Live Scan fingerprints, and practical steps to stay compliant with consumer-reporting and civil-rights requirements.
Penalties & Enforcement
The City of Bakersfield municipal code does not separately specify fines or criminal penalties for general employment background-check practices; related enforcement is typically governed by state and federal law and by specific licensing programs that may require background checks or fingerprints.[1]
- Monetary fines: not specified on the cited city code page; state or federal penalties may apply depending on the violated statute.
- Escalation: first, repeat, or continuing-offence ranges are not specified on the cited page; statutes and agency rules govern escalation.
- Non-monetary sanctions: administrative orders, license suspension or denial, injunctions, or court actions may be used by licensing or regulatory authorities.
- Enforcer and complaints: licensing and permitting issues are handled by City of Bakersfield departments; fingerprint and criminal-history services are administered through the California Department of Justice Live Scan process.[2]
- Appeals and review: appeal routes depend on the specific licensing authority or statute; time limits for appeals are not specified on the cited city page and must be confirmed with the enforcing department.
Applications & Forms
For general employment background checks no city-wide application form is required; businesses typically contract with consumer reporting agencies or use Live Scan fingerprinting for criminal-history-based checks when permitted. Official Live Scan information and operator lists are on the California DOJ site.[2]
- Business licensing forms: follow the City of Bakersfield business-license or specific permit application where applicable.
- Fees: Live Scan fees and vendor charges vary; fee amounts are set by providers and listed on the DOJ Live Scan pages.
- Submission: consumer-reporting authorizations are provided to the screening vendor; Live Scan submissions are done through approved Live Scan operators.
Common violations and typical outcomes:
- Failing to obtain proper written authorization for a consumer report — may trigger FCRA liability (see federal guidance in Help and Support).
- Using disallowed criminal-history questions in licensing or hiring where state civil-rights rules limit inquiries — licenses can be delayed or denied.
- Neglecting required adverse-action notices after a report leads to administrative or civil claims.
How to Comply
Small employers in Bakersfield should coordinate city licensing rules (if a specific business license or permit triggers background checks), follow California DOJ Live Scan procedures for fingerprint-based checks, and comply with federal consumer-reporting requirements.
- Timing: delay criminal-history questions until allowed by law or until a conditional offer where required by state fair-chance rules.
- Records: keep written disclosures, authorizations, and adverse-action documentation.
- Contact: verify with the enforcing city department for licensing-specific requirements.
FAQ
- Do Bakersfield small businesses need a city permit to run background checks?
- No general city permit is required for employer background checks; specific licenses or regulated industries may require fingerprinting or disclosures. See city code and licensing pages.[1]
- Where do I get fingerprints for a criminal-history check?
- Use an approved California DOJ Live Scan operator; the DOJ site lists procedures and operator locations.[2]
- What if a consumer-reporting agency reports negative information?
- Follow federal requirements for pre-adverse and adverse-action notices and allow the applicant to dispute inaccuracies per the FCRA and state rules.
How-To
- Identify whether your business license or permit requires fingerprinting or specific background checks by consulting the City of Bakersfield licensing office.
- Choose a compliant consumer-reporting agency and obtain a written disclosure and authorization before ordering a report.
- If fingerprints are required, schedule with a California DOJ Live Scan operator and collect the required information and fees.
- If adverse action is contemplated, provide the required pre-adverse notice and final adverse-action notice with CRA contact details and appeal rights.
- Document actions, respond to disputes, and consult legal counsel for complex cases or contested licensing denials.
Key Takeaways
- There is no separate Bakersfield city ordinance for general employer background checks; state and federal laws govern most practices.
- Specific licenses may require fingerprinting via California DOJ Live Scan; follow department instructions.
Help and Support / Resources
- City of Bakersfield - Municipal Code
- City of Bakersfield - Official website and licensing contacts
- California Department of Justice - Live Scan & fingerprints
- California Civil Rights Department - employment and criminal-history guidance