CALIFORNIA CIVIL CODE 1785.10 (a): Every consumer credit reporting agency shall, upon request and proper identification of any consumer, allow the consumer to visually inspect all files maintained regarding that consumer at the time of the request.

CALIFORNIA CIVIL CODE 1785.11 (a) (2) (3) (B):
a) A consumer credit reporting agency shall furnish a consumer credit report only under the following circumstances:

(2) In accordance with the written instructions of the consumer to whom it relates.

(3)(B) To a person whom it has reason to believe intends to use the information for employment purposes

CALIFORNIA CIVIL CODE 1785.13 (a) (1) (2) (3) (4) (5) (6) (7):
(a) No consumer credit reporting agency shall make any consumer credit report containing any of the following information:

(1) Bankruptcies that, from the date of adjudication, antedate the report by more than 10 years.

(2) Suits and judgments that, from the date of filing, and satisfied judgments that, from the date of entry, antedate the report by more than seven years.

(3) Unlawful detainer actions where the defendant was the prevailing party or where the action is resolved by settlement agreement.

(4) Paid tax liens that, from the date of payment, antedate the report by more than seven years.

(5) Accounts placed in collection or charged to profit and loss that antedate the report by more than seven years.

(6) 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.

(7) Any other adverse information that antedates the report by more than seven years.

CALIFORNIA CIVIL CODE 1785.18 (a) (b) (c):
(a) Each consumer credit reporting agency which complies and reports items of information concerning consumers which are matters of public record shall specify in any report containing public record information the source from which such information was obtained, including the particular court, if there be such, and the date that such information was initially reported or publicized.

(b) A consumer reporting agency which furnishes a consumer report for employment purposes and for that purpose complies and reports items of information on consumers which are matter of public record and are likely to have an adverse effect upon a consumer’s ability to obtain employment shall in addition maintain strict procedures designed to insure that whenever public record information which is likely to have an adverse effect on a consumer’s ability to obtain employment is reported it is complete and up to date. For purposes of this paragraph, items of public record relating to arrests, indictments, convictions, suits, tax liens, and outstanding judgments shall be considered up to date if the current public record status of the item at the time of the report is reported.

(c) No consumer credit reporting agency which furnishes a consumer credit report for employment shall report information on the age, marital status, race, color, or creed of any consumer.

CALIFORNIA CIVIL CODE 1785.20 (a) (1) (2)(3)(4)(A)(B):
(a) If any person takes any adverse action with respect to any consumer, and the adverse action is based, in whole or in part, on any information contained in a consumer credit report, that person shall do all of the following:

(1) Provide written notice of the adverse action to the consumer.

(2) Provide the consumer with the name, address, and telephone number of the consumer credit reporting agency which furnished the report to the person.

(3) Provide a statement that the credit grantor’s decision to take adverse action was based in whole or in part upon information contained in a consumer credit report.

(4) Provide the consumer with a written notice of the following rights of the consumer

(A) The right of the consumer to obtain within 60 days a free copy of the consumer’s consumer credit report from the consumer credit reporting agency identified pursuant to paragraph (2) and from any other consumer credit reporting agency which complies and maintains files on consumers on a nationwide basis.

(B) The right of the consumer under Section 1785.16 to dispute the accuracy or completeness of any information in a consumer credit report furnished by the consumer credit reporting agency.

CALIFORNIA CIVIL CODE 1785.20.5 (a) (b):
(a) Prior to requesting a consumer credit report for employment purposes, the user of the report shall provide written notice that to the person involved. The notice shall inform the person that a report will be used and the source of the report, and shall contain a box that the person may check off to receive a copy of the credit report. If the consumer indicates that he or she wishes to receive a copy of the report, the user shall request that a copy be provided to the person when the user request its copy form the credit reporting agency. The report to the user and to the subject person shall be provided contemporaneously and at no charge to the subject person.

(b) Whenever employment involving a consumer is denied either wholly or partly because of information contained in a consumer credit report from a consumer credit reporting agency, the user of the consumer credit report shall so advise the consumer against whom the adverse action has been taken and supply the name and address or addresses of the consumer credit reporting agency making the report. No person shall be held liable for any violation of this section if he or she shows by a preponderance of the evidence that, at the time of the alleged violation, he or she maintained reasonable procedures to assure compliance with this section.

CALIFORNIA CIVIL CODE 1785.22 (a) (b) (1) (A) (B) (C) (2):
(a) A person may not procure a consumer credit report for the purpose of reselling the report or any information therein unless the person discloses to the consumer credit reporting agency which issues the report identify of the ultimate end user and each permissible purpose for which the report is furnished to the end user of the consumer credit report of information therein.

(b) A person that procures a consumer credit report for the purpose of reselling the report or any information therein shall do all of the following:

(1) Establish and comply with reasonable procedures designed to ensure that the consumer credit report or information is resold by the person only for the purpose for which the report may be furnished under this title. These procedures shall include all of the following:

(A) Identification of each prospective user of the resold consumer credit report or information.

(B) Certification of each purpose for which the consumer credit report or information will be used.

(C) Certification that the consumer credit report or information will be used for no other purpose.

(2) Before reselling the consumer credit report or information, the person shall make reasonable efforts to verify the identities and certifications made under paragraph (1).

CALIFORNIA CIVIL CODE 1786.2 (c): The term “investigative consumer report” means a consumer report in which information on a consumer’s character, general reputation, personal characteristics, or mode of living is obtained through any means. The term does not include a consumer report or other compilation of information that is limited to a specific factual information relating to a consumer’s credit record or manner of obtaining credit obtained directly from a creditor of the consumer or from a consumer reporting agency when that information was obtained directly from a potential or existing creditor of the consumer or from the consumer.

CALIFORNIA CIVIL CODE 1786.2 (d): The tern “investigative consumer reporting agency” means any person who, for monetary fees or dues, regularly engages in whole or in part in the practice of assembling or evaluating information concerning consumers for the purposes of furnishing investigative consumer reports to third parties.

CALIFORNIA CIVIL CODE 1786.2 (f): The term “employment purposes,” when used in connection with investigative consumer report, means a report used for the purpose of evaluating a consumer for employment, promotion, reassignment, or retention as an employee.

CALIFORNIA CIVIL CODE 1786.10 (a): Every investigative consumer reporting agency shall, upon request and proper identification of any consumer, allow the consumer to visually inspect all files maintained regarding the consumer at the time of the request.

CALIFORNIA CIVIL CODE 1786.12: An investigative consumer reporting agency shall only furnish an investigative consumer report under the following circumstances:

(d) To a person that it has reason to believe:

(1) Intends to use the information for employment purposes

CALIFORNIA CIVIL CODE 1786.16 (a) (2): If, at any time, an investigative consumer report is sought for employment purposes other than promotion or reassignment, the person procuring or causing the report to be made shall, not later than three days after the date on which the report was first requested, notify the consumer in writing that an investigative consumer report regarding the consumer’s character, general reputation, personal characteristics, and mode of living will be made. This notification shall include the name of the investigative consumer reporting agency conducting the investigative and a summary of the provisions of Section 1786.22

CALIFORNIA CIVIL CODE 1786.16 (c): The provisions of subdivision (a) shall not apply to an investigative consumer report procured or caused to be prepared by an employer if the purpose of the employer is to determine whether to retain an employee when there is a good faith belief that the employee is engaged in any criminal activity likely to result in a loss to the employer.

CALIFORNIA CIVIL CODE 1786.18 (a) (1-8) (b) (2) (c) (d) (1) (2):
(a) Except as authorized under subdivision (b), no investigative consumer reporting agency shall make or furnish any investigative consumer report containing any of the following items of information:

(1) Bankruptcies that, from the date of adjudication, antedate the report by more that 10 years.

(2) Suits that, from the date of filing, and satisfied judgments that, from the date of entry, antedate the report by more than seven years.

(3) Unsatisfied judgments that, from the date of entry, antedate the report by more than seven years.

(4) Unlawful detainer actions where the defendant was the prevailing party or where the action is resolved by settlement agreement.

(5) Paid tax liens that, from the date of payment, antedate the report by more than seven years.

(6) Accounts placed in collection or charged to profit and loss that antedate the report by more than seven years.

(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.

(8) Any other adverse information that antedates the report by n=more than seven years.

(b) The provisions of subdivision (a) are not applicable in the case of any investigative consumer report to be used in the following transactions:

(2) The employment of any individual at an annual salary that equals or may reasonably be expected to equal, seventy-five thousand dollars ($75,000) or more.

(c) Except as otherwise provided in section 1786.28, an investigative consumer reporting agency shall not furnish an investigative consumer report that includes information that is a matter of public record and that relates to an arrest, indictment, conviction, civil judicial action, tax lien, or outstanding judgment, unless the agency has verified the accuracy of the information during the 30-day period ending on the date on which the report is furnished.

(d) An investigative consumer reporting agency shall not prepare or furnish an investigative consumer report on a consumer that contains information that is adverse to the investigative interest of the consumer and that is obtained through a personal interview with a neighbor, friend, or associate of the consumer or with another person with whom the consumer is acquainted or who has knowledge of the item of information, unless either (1) the investigative consumer reporting agency has followed reasonable procedures to obtain confirmation of the information, from an additional source that has independent and direct knowledge of the information, or (2) the person interviewed is the best possible source of the information.

CALIFORNIA CIVIL CODE 1786.20 (a) (b):
(a) Every investigative consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by the prospective user prior to furnishing the user any investigative consumer reports.

(b) Whenever an investigative consumer reporting agency prepares an investigative consumer report, it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates.

(c) An investigative consumer reporting agency shall not make an inquiry for the purpose of preparing an investigative consumer report on a consumer for employment purposes if the making of the inquiry by an employer or prospective employer of the consumer would violate any applicable federal or state equal employment opportunity law or regulation.

CALIFORNIA CIVIL CODE 1786.22 (a): An investigative consumer reporting agency shall supply files and information required under section 1786.10 during normal business hours and on reasonable notice.

CALIFORNIA CIVIL CODE 1786.24 (a) (d):
(a) If the completeness or accuracy of any item of information contained in his or her file is disputed by a consumer, and the dispute is conveyed directly to the investigative consumer reporting agency by the consumer, the investigative consumer reporting agency shall, without charge, reinvestigate and record the current status of the disputed information or delete the item from the file in accordance with subdivision (c), before the end of the 30- day period beginning on the date on which the agency receives the notice of the dispute from the consumer.

(d) Notwithstanding subdivision (a), an investigative consumer reporting agency may terminate a reinvestigation of information disputed by a consumer if the investigative consumer reporting agency reasonably determines that the dispute is frivolous or irrelevant, including by reason of a failure by a consumer to provide sufficient information to investigate the disputed information.

CALIFORNIA CIVIL CODE 1786.28 (a) (b):
(a) Each investigative consumer reporting agency which complies and reports items of information concerning consumers which are matters of public record shall specify in any report containing public record information the source from which such information was obtained, including the particular court, if there be such, and the date that such information was initially reported or publicized.

(b) A consumer reporting agency which furnishes a consumer report for employment purposes and for that purpose complies and reports items of information on consumers which are matter of public record and are likely to have an adverse effect upon a consumer’s ability to obtain employment shall in addition maintain strict procedures designed to insure that whenever public record information which is likely to have an adverse effect on a consumer’s ability to obtain employment is reported it is complete and up to date. For purposes of this paragraph, items of public record relating to arrests, indictments, convictions, suits, tax liens, and outstanding judgments shall be considered up to date if the current public record status of the item at the time of the report is reported.

CALIFORNIA CIVIL CODE 1786.30: Whenever an investigative consumer reporting agency prepares a investigative consumer report, no adverse information in the report (other than information that is a matter of public record, the status of which had been updated pursuant to Section 1786.28) may be included in a subsequent investigative consumer report unless that adverse information has been verified in the process of making the subsequent investigative consumer report, or the adverse information was received within the three-month period preceding the date of the subsequent report is furnished.

CALIFORNIA CIVIL CODE 47 (c): Employment reference verifications-California Civil Code Section 47 (c) was amended in 1994 to protect employers from defamation law suits when giving employment references to another employer. It states, “This subdivision applies to and includes a communication concerning the job performance or qualifications of an applicant for employment, based upon credible evidence, made without malice, by a current or former employer of the applicant, to and upon request of the prospective employer.”

Capias: The Latin meaning is “That You Take.” This is the name for several types of writs, which require that a law enforcement official take a named defendant into custody.

Capital Case/Crime: Case or crime for which the death penalty may be imposed

Capital Punishment: Punishment by death for capital crime.

Carnal: Sexual. Sensual. Carnal knowledge is sexual intercourse.

Case: An action, cause, suit or controversy, at law, or in equity.

Case Sent to Collections: Case sent to a collection agency to collect on past due fines, fees or court costs.

Cause of Action: A claim in law and fact sufficient to form the basis of a valid lawsuit, as a breach of contract; the composite of facts that gives rise to a right of action. Right of action is the legal right to sue.

Change of Venue: Offense transferred to the court in the appropriate geographical area.

Charge: In criminal law, a charge is an allegation that an individual has committed a specific offense.

Child Support: The amount of money the court requires one spouse to pay to the other who has custody of the children born of marriage, may be imposed by the court with or without an award of alimony.

Circuit Court: One of several courts in a given jurisdiction; a part of a system of courts extending over one or more counties or districts; formerly applied to United States Court of Appeals. There are 13 Circuit Courts of Appeal in the federal court system.

Citation: An order issued by a law enforcement officer requiring appearance in court to answer a charge. Bail is not accepted in lieu of appearance.

City Court: Courts that try persons accused of violating municipal ordinances. City courts may have jurisdiction over minor civil or criminal cases, or both.

Civil Action: An action to protect a private right or to compel a civil remedy in a dispute between private parties, as distinguished from a criminal prosecution.

Civil: A branch of law that pertains to suits other than criminal practice and is concerned with the rights and duties of persons.

Civil Contempt: Failure to do something ordered by the court for the benefit of another party to the proceedings.

Civil Disorder: A violent public disturbance by three or more people, which causes danger, damage or injury to property or persons.

Civil Records: Official records related to civil cases, i.e., when one party sues another.

Co-defendant: One of a group of two or more people charged in the same crime.

Coercion: The use of physical force or threats to compel someone to commit an act against his or her will.

Complainant: A person that brings a lawsuit by filing a complaint. A complainant is often referred to as a plaintiff or petitioner.

Complaint: 1. In a civil action, the first pleading of the plaintiff setting out the facts on which the claim is based. 2. In criminal law, the preliminary charge or accusation made by one person against another.

Compounding Crime: The receipt by an individual of consideration in exchange for an agreement nor to prosecute or inform on someone who they know has committed a crime.

Concurrent Sentences: Two or more terms of a sentence served simultaneously.

Conditional Discharge: A conviction. Court issues the discharge from the jail and requires defendant to comply with some conditions. Regardless whether defendant complies with rules or not, he/she is still convicted (guilty) and case can never be expunged.

Conditional Release: The release from a correctional facility before full sentence has been served which is conditioned on specific behavior. If conditions are not met the individual may be returned to the facility.

Consecutive Sentences: Multiple sentences, served one after the other.

Consent/Release Form: A certification to be signed by the applicant in order to authorize a detailed background and reference check. This authorization should also contain language, which releases not only the prospective employer, but also any other person or employer from any and all liability that may result from the furnishing of information. This may assist you in obtaining information from otherwise hesitant parties and former employers of the applicant.

Conspiracy: The coming together of two or more people for the purpose of committing an unlawful act or to commit an unlawful act by unlawful means.

Consumer Report: In general, the term means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer’s credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer’s eligibility for (a) credit or insurance to be primarily for the personal, family, or household purposes; (b) employment purposes; or (c) any other purpose authorized under section 604 [S 1681b].

Consumer Reporting Agency (CRA): Any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. Some CRA’s may also, on request, prepare investigative reports not just on consumers’ creditworthiness but also on personal information gathered from various sources, including interviews with neighbors, friends, and co- workers. It is also important to bear in mind that, while all credit bureaus and credit reporting agencies are CRA’s, not all CRA’s are credit bureaus or credit reporting agencies.

Contempt of Court: An act or omission tending to interfere with orderly administration of justice, or to impair the dignity of the court or respect for its authority.

Continuance: The adjournment or postponement, to a specified subsequent date, of an action pending in court.

Contract: A promise; a transaction involving two or more individuals whereby each has reciprocal rights to demand performance of what is promised.

Controlled Substance: Drug whose general availability is restricted, regulated, or outlawed because of it’s potential for abuse and/or addiction. Controlled substances include: narcotics, stimulants, depressants, hallucinogens, and cannabis (marijuana).

Conversion: The tortuous deprivation of another’s property. There must be a wrongful taking, detention, or illegal assumption of ownership for conversion to occur.

Conviction: The act or process of judicially finding someone guilty of a crime; the state of having been proved guilty.

Corporation: An association of shareholders (or a single shareholder) created under law as an artificial person, having a legal entity separate from the individuals who compose it, with the capacity of continuous existence or succession, and the capacity of taking, holding, and conveying property, and the capacity of suing and being sued , and exercising like a natural person other powers that are conferred on it by law. A corporation is normally limited to its assets; the shareholders are thus protected against personal liability for the corporation.

Count/Charge: An offense named in a cause of action. A cause of action may contain multiple counts or charges, each relating to the others but identifying a separate offense.

Counterfeit: Forged; fabricated without right; made of imitation of something else to defraud by passing the false copy for genuine.

Court of Limited Jurisdiction: Court that has authority to adjudicate cases of a certain kind or up to a limited amount, usually lesser offenses (opposite of Court of General Jurisdiction).

Court of Record: The court where the permanent record of all proceedings is held.

Credit Bureau: See Consumer Reporting Agency.

Credit Card Fraud: Use, or attempted use of a credit card to purchase goods or services with the intent to avoid payment of such.

Crimes Against Nature: Deviate sexual intercourse.

Criminal Complaint: In criminal law, a charge, preferred before a magistrate having jurisdiction, that a person named, has committed a specific offense, with an offer to prove the fact, to the end that a prosecution may be instituted.

Criminal Contempt: Acts disrespectful of the court or its process that obstruct administration of justice.

Criminal Mischief: A crime against property; the willful damaging or the property of another. Such offenses may include throwing rocks through windows, spray painting graffiti; slashing car tires or other acts of vandalism.

Criminal Nonsupport: Failure to pay child support in violation of court order. Culpability: Blame, or responsibility for a crime. This may be in degrees or purposeful, knowingly, recklessly or by negligence.

Criminal Plea: The defendant's response to a criminal charge (guilty, not guilty, or nolo contendere).

Criminal Records: Official records related to criminal cases. A crime is an act or omission that is prosecuted in a criminal court by a government prosecutor and can be punished by confinement, fine, restitution, and/or forfeiture of certain civil rights.

Culpable: Implies fault rather than guilt.

Cumulative Sentence: A sentence that takes effect after a prior sentence is completed for crimes tried under the same cause of action.