Disclaimer: This content is provided for informational purposes only and does not constitute legal advice. Advantage Property Management Services is not a law firm. For guidance specific to your property, consult a licensed California attorney.
A quick search on this topic turns up a lot of confusion, and some of it comes from mixing up California's employment "ban the box" law with an entirely separate set of rules that apply to rental housing. There is no single statewide statute that bans criminal background checks for tenants the way some cities have adopted. What does exist is a set of Civil Rights Department regulations, consumer reporting restrictions, and a handful of local ordinances that go further than the state requires.
Getting the details right matters, because California's Civil Rights Department has already taken enforcement action against a property management company over a criminal history policy that did not hold up.
Key Takeaways
California does not ban criminal background checks statewide, but state regulations prohibit blanket denials and require an individualized assessment of any conviction you weigh against an applicant.
Consumer reporting agencies generally cannot report criminal convictions older than seven years, and arrests that never led to a conviction are off-limits entirely.
Written consent before running a background check and an adverse action notice after a denial are both required.
Oakland and Berkeley have gone further than state law and prohibit criminal background checks for most private rentals within city limits.
Alameda County came close to passing its own countywide ban in 2022, and while it did not survive a second vote, owners in unincorporated areas like Castro Valley should keep an eye on it.
The State Standard: No Blanket Bans, No Shortcuts
California's Civil Rights Department enforces regulations under the Fair Employment and Housing Act that apply to every housing provider in the state, not just cities with their own ordinances. The core rule is straightforward to state and easy to get wrong in practice: a landlord cannot categorically reject every applicant with a criminal record. Instead, state regulations require an individualized assessment that weighs only convictions directly related to a legitimate concern, such as the nature of the offense, how much time has passed, and any evidence of rehabilitation the applicant provides.
This is not a theoretical risk. The Civil Rights Department settled a case against a property management company and owner in Inglewood after finding they had applied a blanket ban on renting to anyone with a criminal history. The settlement required the company to overhaul its screening policy, complete fair housing training, and pay damages to the applicant who was turned away. A "no felons" policy, or anything resembling one, is exactly the kind of shortcut that lands owners in the same territory as the fair housing traps that catch well-intentioned landlords every year.
What You Cannot Consider, Full Stop
Certain categories of information are off-limits regardless of how relevant they might seem. Arrests that never led to a conviction cannot factor into your decision at all. Sealed, expunged, or dismissed records are treated as if they do not exist. Juvenile records are off-limits as well. On top of these state rules, consumer reporting agencies are generally barred from reporting convictions older than seven years under the Investigative Consumer Reporting Agencies Act, which is stricter than the federal Fair Credit Reporting Act on this point since federal law only limits how long arrest records can be reported, not convictions.
The Process Requirements Around Every Screening
Beyond what you can consider, California also regulates how you run the process itself. You need written consent from the applicant before pulling any background check, and if criminal history plays any part in a denial, the applicant is entitled to an adverse action notice explaining the basis for it. We cover the specifics of that notice, including what it has to include and when it needs to go out, in our guide on sending an adverse action letter in California.
Screening fees are capped as well. The statewide limit for 2026 sits at $65.86 per applicant, adjusted annually for inflation under Civil Code Section 1950.6, and the fee can never exceed your actual out-of-pocket cost of running the screening.
Nearby Cities With Stricter Rules
While none of Advantage Property Management Services' service areas currently fall under a local fair chance housing ordinance, it is worth knowing what nearby cities require, especially if you own property outside Pleasanton, Livermore, Dublin, San Ramon, or Castro Valley. Oakland and Berkeley both prohibit criminal background checks for most private rentals within city limits, though Oakland exempts accessory dwelling units, single-family homes, duplexes, and triplexes from its ban. San Francisco and Richmond have their own Fair Chance ordinances, but both apply only to affordable and publicly subsidized housing rather than general market-rate rentals.
Alameda County came closer than any county in the nation to adopting a similar ban countywide. The Board of Supervisors approved the Wilma Chan Fair Chance Housing Ordinance in December 2022, which would have applied to unincorporated areas including Castro Valley, San Lorenzo, and Ashland. The board's makeup shifted before the required second vote, and the ordinance was rejected in February 2023, so it never took effect. It has not resurfaced since, but owners with property in unincorporated Alameda County should not assume that will always be the case.
Building a Screening Process That Holds Up
The safest approach is to document your criteria before you ever run a screening, apply them the same way to every applicant, and separate the criminal history review from your income and rental history review rather than running everything at once. That sequencing matters, since an individualized assessment is much easier to defend when you can show the applicant was evaluated on the merits first.
Our tenant screening process is built around exactly that kind of consistency, which protects owners from the discrimination claims that come from ad hoc decision making just as much as it protects them from problem tenants.
Criminal History Screening FAQ
Can I reject an applicant just because they have a criminal record?
No. State regulations require an individualized assessment of any conviction, weighing how directly it relates to a legitimate concern, and prohibit blanket denials based on criminal history alone.
How far back can a background check look?
Consumer reporting agencies generally cannot report convictions older than seven years under California's Investigative Consumer Reporting Agencies Act, which is stricter than federal law on this point.
Do Oakland and Berkeley's rules apply to my property in Pleasanton or Dublin?
No. Those ordinances only apply within Oakland and Berkeley city limits. None of Advantage Property Management Services' service areas currently fall under a local fair chance housing ordinance.
What happens if I deny an applicant based on their criminal history?
You must provide a written adverse action notice explaining the decision. Failing to do so, or basing the denial on off-limits information like an old conviction or a sealed record, exposes you to a fair housing complaint.
Getting Screening Right Protects You as Much as It Protects Your Property
Criminal history screening sits at the intersection of two things every owner cares about, protecting the property and avoiding a discrimination claim, and the rules that govern it are more specific than most landlords realize. Individualized assessments, the seven-year lookback, and the local ordinances that go further than the state are all details worth getting right the first time, since the Civil Rights Department has shown it will enforce them.
If you want a second opinion on your current screening policy or help updating it to match current requirements, reach out to our legal compliance team any time.
