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Background Investigations Report California

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  • Background Investigations Report California

    Good afternoon,

    Our security company hired 5 armed security guards (approximately 6 months ago) to fill a full time, long term position for a major city in California. Now the agency that these guards work for want a copy of the background of one particular guard. The employee did NOT request a copy of his report when it was completed. Are we at liberty to give the report to this city agency as our company is the one who pays these guards? Do they have a right to demand it if we did the due diligence PRIOR to offering them a position?

  • #2
    Have you looked at the language of your contract with the city agency insofar as their right to have copies of background check reports? Also, the authorization that the employee signed for you to conduct the background check; does it say anything about your ability/right to share the report with the agency where they are placed? (If the contract with the agency gives them the right to have copies, presumably the authorization form discloses that fact to the candidate/employee.)

    I think those two agreements would be your starting point. Hopefully, someone else with specific knowledge of California law regarding background checks will come along with further info.
    While I may work for lawyers, I am not an attorney. Comments I make are based on my working experiences and should not be interpreted as legal advice.

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    • #3
      What kind of background check? Criminal or references? Have they stated why they want this info for just one of the guards? If it is all public data, you can share it though it is always good to have legal counsel review any contracts or agreements prior to doing so.
      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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      • #4
        Originally posted by ElleMD View Post
        What kind of background check? Criminal or references? Have they stated why they want this info for just one of the guards? If it is all public data, you can share it though it is always good to have legal counsel review any contracts or agreements prior to doing so.
        This was a background check that our office did to hire this guard. Some included public records information and a criminal check done through a secured second party site. The vendor has not stated WHY they want to review our background report. In the past, if they have had issues with guards, our office is contacted with the complaint and the issue has been resolved or the guard terminated by our office security supervisor.

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