Sample Background Check Policy Report for a Registered Nurse in San Francisco
This page shows a complete sample background check policy report from our policy builder. A fictional hospital entered one position, a registered nurse, and two work sites in San Francisco and Oakland. In return, the builder applied 46 federal, California, and San Francisco rules and wrote the draft policy language below. Read the guide first, then scroll through the full report exactly as the hospital received it.
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The scenario behind this sample background check policy
Every report starts with a short questionnaire. For this sample, a fictional employer, uStayWell Hospital, described a full-time registered nurse. The nurse works at a fixed site in San Francisco and at a clinic in Oakland. The position involves direct patient care and contact with children and vulnerable adults. Moreover, the hospital employs about 1,500 people and uses a background screening company. It plans a criminal check, a post-offer drug test that includes THC, and a license verification. It also plans OIG and SAM exclusion screening.
Three answers were left as “not sure.” They cover which criminal searches to run, how far back to look, and whether to use a written individualized assessment. Consequently, the report answers those questions for the hospital and flags the assessment as a required change. It also treats the two work sites as one state with two local jurisdictions. Therefore, California law appears once and the San Francisco ordinance sits on top.
| Input | What the hospital entered | Why it changes the report |
|---|---|---|
| Position | Registered Nurse, full-time, hourly, about $112,000 a year | Duties drive the recommended searches; pay decides whether any salary-based exceptions apply. |
| Employer | Private hospital, healthcare industry, 1,547 employees | Size triggers Title VII, the Fair Chance Act, and pay-scale posting rules. The industry triggers OIG, SAM, and FACIS® screening. |
| Work sites | San Francisco (San Francisco County) and Oakland (Alameda County), California | Both sites sit in California, so state law applies once. San Francisco adds its Fair Chance Ordinance and Parity in Pay Ordinance. |
| Duties | Direct patient care; works with children and vulnerable adults | Adds the sex offender registry search and the job-related offense categories for the screening matrix. |
| Checks planned | Criminal history, post-offer and random drug testing with THC, license verification, social media review, OIG and SAM, rescreening after hire | Each check pulls in the California and San Francisco rules that limit it. |
| Open questions | Searches, lookback, and individualized assessment marked “not sure”; AI tools “not sure” | The report recommends the search package and a seven-year lookback, and makes the written assessment a required change. |
How to read the report
Each recommendation is a card with a colored label and a plain-English instruction. A source line cites the statute, regulation, or guidance behind it. Therefore, your employment counsel can verify every item without re-researching it. The four labels tell you how much weight each card carries.
A law that applies to this position requires or prohibits the step. Where two laws conflict, the report shows the strictest one as required.
No statute compels the step, but skipping it creates real legal risk. Most of these come from EEOC guidance and negligent-hiring case law.
A step that well-run screening programs take everywhere. This sample has none, because every item for this position rose to a higher level.
Context the hospital needs: which laws apply and why, record-keeping periods, and the draft policy language itself.
The strictest rule wins
This nurse is covered by federal law, California law, and a San Francisco ordinance at the same time. Instead of listing three versions of each rule, the report picks the most protective one. For example, the FCRA sets no waiting period after a pre-adverse action notice. California requires five business days, and San Francisco requires at least seven days. As a result, the report tells the hospital to wait at least seven business days.
Gaps become a change list
Near the end, the section “Your process: what to change” repeats only the cards where current practice falls short. Here it lists four items. Stop considering diversions and marijuana convictions, adopt a written individualized assessment, and fix the THC test. Additionally, the numbered draft policy folds every required item into language the hospital can adopt.
What the sections cover
The report has 13 sections in a fixed order. It opens with the FCRA steps every employer must follow. Then it explains which laws apply and when the hospital may ask about criminal history. Next, it covers which records count and how far back to look. After that come notices, the search package, credit reports, drug testing, salary history, and other checks. Finally, it lists the process changes and the draft policy.
The sample report: Registered Nurse, San Francisco and Oakland
Below is the full report, rendered as HTML. The cards match what the hospital saw on screen and in its 14-page PDF. The employer and contact are fictional. However, every rule, citation, and date is real and current as of September 28, 2026. Use the chips to jump to a section.
Start hereLaws applied to this positionWhen you may ask about criminal historyWhich records you may considerHow far back you may lookIndividualized assessment and required noticesRecommended searches for this positionEmployment credit reportsDrug and marijuana testingSalary historyOther checks and verificationsYour process: what to changeDraft policy language for this positionYour answers
Registered Nurse
Required or prohibited by law 26Strongly recommended to reduce legal risk 10Best practice 0Informational reminder 10
Jurisdictions applied
Start here: the foundation of every screening policy
These items apply to every position you screen. Put them in place before anything else.
Stand-alone disclosure and signed authorization before every report
Before you order any report from a background screening company, give the applicant a written disclosure that consists solely of the statement that a consumer report may be obtained for employment purposes, and get a signed (or e-signed) authorization. Keep waivers, extra terms, and state notices off the disclosure page; put state-required language on a separate page. Certify to the screening company that you have done this and will follow the adverse-action rules.
Source: 15 U.S.C. § 1681b(b)(2) Read the law page →
Apply the same screening package to every applicant for the same position
Order the same searches and apply the same written decision criteria to every applicant for this position. Deviations by individual (for example, checking one candidate’s credit but not another’s) are the most common source of discrimination claims, and Title VII disparate-treatment liability attaches to employers with 15 or more employees. Document any exception and the business reason for it.
Source: Title VII; EEOC Enforcement Guidance (2012)
Two-step adverse action before any rejection based on a report
If a report may lead you to reject an applicant, first send a pre-adverse action notice with a copy of the report and the CFPB Summary of Rights, then wait at least 7 business days (the longest period among the laws that apply to this position) for the applicant to respond, and only then send the final adverse action notice naming the screening company, stating that it did not make the decision, and explaining the right to dispute and to a free copy within 60 days.
Source: 15 U.S.C. §§ 1681b(b)(3), 1681m Read the law page →
Keep a written background screening policy and adverse-action procedure
A written policy that names the searches ordered for each position, the timing, the decision criteria, the individualized-assessment steps, and the adverse-action sequence is what regulators and plaintiffs ask for first. Update your existing policy with the position-specific items below.
Source: EEOC guidance; state requirements
When rules conflict, the strictest one wins
This position is subject to 3 layers of law (federal, state, and local). Where they differ, follow the most protective rule for the applicant; that is the rule shown as “required” below. Recommendations are current as of September 28, 2026.
Keep the file
Keep the disclosure, authorization, report, assessment notes, and notices for at least one year after the decision (two years for federal contractors); several laws require longer (Maryland four years, Los Angeles and San Francisco three years, Massachusetts CORI acknowledgments one year with a dissemination log). Store reports separately from the personnel file and dispose of them securely.
Source: 29 C.F.R. § 1602.14; FTC Disposal Rule
Laws applied to this position
Federal law
The Fair Credit Reporting Act governs every report prepared by a screening company; Title VII and the EEOC’s 2012 guidance govern how criminal history may be used (15 or more employees); the ADA governs the timing of medical examinations.
Source: 15 U.S.C. § 1681 et seq.; 42 U.S.C. § 2000e Read the law page →
California state law
Applied because work is performed in San Francisco, San Francisco County, California and Oakland, Alameda County, California. Employers with five or more employees may not ask about, seek, or consider conviction history until after a conditional offer, and job ads may not state that people with records need not apply. Under the amended regulations (2 CCR § 11017.1, eff. Oct. 1, 2023) the rules also cover existing employees who apply for a different position or face a review after a change in ownership or policy, apply to staffing agencies and any entity that evaluates conviction history on the employer’s behalf, and bar considering criminal history the applicant volunteers before the offer. Exempt: positions where a criminal-justice agency or a state, federal, or local law requires a check, farm labor contractors, and criminal-justice agencies. Applications and job ads may not mention criminal history; the disclosure form must be free of extraneous terms. Since Jan. 1, 2025 (SB 1100, Gov. Code § 12940) job ads and applications may not state that a driver’s license is required unless driving is reasonably expected to be a job function and no alternative form of transportation would be comparable in travel time or cost.
Source: Cal. Gov. Code § 12952 (Fair Chance Act); 2 CCR § 11017.1 Read the law page →
City and County of San Francisco ordinance
Employers with five or more employees worldwide may not ask about criminal history until after a conditional offer, and may never consider arrests not leading to conviction, diversion, infractions, juvenile records, convictions older than seven years, or decriminalized conduct. Before an adverse action, give the applicant a copy of the report, identify the item relied on, allow at least seven days to present evidence of inaccuracy, rehabilitation, or mitigation, and conduct an individualized assessment that weighs the nature and gravity of the offense. Under the amendments effective Aug. 10, 2026, the employer must confirm receipt of the applicant’s response within 14 days, delay adverse action for a reasonable period after that confirmation, withdraw the proposed action if the applicant makes a reasonable factual showing that it rests solely on a conviction unrelated to the job, issue the final decision within 30 days of the response or of the notice if no response, and may not consider out-of-state convictions or unresolved arrests for conduct lawful in California involving abortion-related health care, gender-affirming care, drag performance, or miscarriage. Administrative penalties are $1,000, $2,000, and $4,000 per person for first, second, and later violations. Post the OLSE notice and keep records for three years.
Source: S.F. Police Code art. 49 (Fair Chance Ordinance, as amended; 2026 amendments effective Aug. 10, 2026) Read the law page →
When you may ask about criminal history
Wait until after a conditional offer of employment
Ask about, search for, or consider criminal history only after a conditional offer of employment. This is the strictest timing rule among the laws that apply to this position (California and City and County of San Francisco). Because a law, licensing board, contract, or bond requires a check for this position, the statutory exemption may let you ask earlier; the safer course, and the one most regulators expect, is to keep the check after the conditional offer and rely on the exemption only for the substance of the decision.
Source: Cal. Gov. Code § 12952 (Fair Chance Act); 2 CCR § 11017.1; S.F. Police Code art. 49 (Fair Chance Ordinance, as amended; 2026 amendments effective Aug. 10, 2026) Read the law page →
Remove criminal-history language from job ads and applications
Delete the conviction question from the application form and remove statements such as “no felonies” or “clean record required” from postings; most fair-chance laws (for example Colorado, New Jersey, Vermont, Maine, Washington, New York City, Philadelphia, Los Angeles, and Seattle) treat such statements as violations. Where the law requires it (Los Angeles County, Philadelphia), the posting must instead state that criminal history will be reviewed after a conditional offer.
Source: State and local fair-chance laws
Run non-criminal checks first
Sequence the order: identity and SSN trace, employment and education verification, license checks, and any permitted credit or MVR check before or with the offer; order the criminal search only once the conditional offer has been made. New York City and Los Angeles County make this sequencing mandatory.
Which records you may consider
Never consider sealed, expunged, set-aside, or pardoned records
Every jurisdiction that applies bars their use. Applicants may lawfully deny that these records exist, and screening companies may not report them. Clean-slate laws now seal eligible records automatically in many states, so a record that appeared on a report last year may be off-limits this year. Dismissed, sealed, expunged, or statutorily eradicated convictions, and juvenile court matters, may not be asked about or used (Cal. Lab. Code § 432.7).
Source: State sealing and expungement statutes Read the law page →
Never consider juvenile records
Juvenile adjudications are confidential in every state that applies to this position and may not be requested or used: Juvenile court information may not be requested or used (Lab. Code § 432.7).
Source: State juvenile-records statutes; FCRA § 605
Do not consider arrests, dismissed charges, or diversions that did not end in a conviction
You selected one or more non-conviction record types. Remove them from your criteria. California: Employers may not ask about or consider arrests or detentions that did not result in conviction, pretrial or post-trial diversion, or convictions that were judicially dismissed, sealed, expunged, or statutorily eradicated (Cal. Lab. Code § 432.7). Any employer may ask about an arrest for which the person is out on bail or on their own recognizance pending trial. Health facilities may additionally ask about arrests for specified sex offenses (positions with regular patient access) or controlled-substance offenses (positions with access to drugs) under § 432.7(f). Screening companies may not report arrests that did not result in conviction except while judgment is pending (Civ. Code § 1786.18(a)(7)). City and County of San Francisco bars consideration of arrests and non-convictions.
Source: State fair-employment and arrest-record statutes Read the law page →
Pending charges: job-related conduct only, and re-verify before deciding
Pending charges may generally be considered when the alleged conduct relates to the job, but do not treat a charge as a conviction. Re-check the disposition before any final decision.
Source: State fair-chance laws
Marijuana convictions are protected here
California: Marijuana convictions older than two years may not be asked about or considered (Cal. Lab. Code § 432.8). Simple-possession convictions are being expunged automatically in many states and rarely relate to job duties; using them invites disparate-impact claims.
Source: State marijuana-conviction protections
Convictions: consider only those that relate to this job
Felony and misdemeanor convictions may be considered, but only through the individualized assessment described below and only where the offense relates to the duties of a Registered Nurse. Blanket exclusions (“no felonies”) are unlawful in the fair-chance jurisdictions that apply here and are treated as presumptively discriminatory by the EEOC everywhere. Specific limits: City and County of San Francisco: Convictions older than seven years (from sentence completion), infractions, and decriminalized conduct may not be considered.
Source: EEOC Enforcement Guidance (2012); state fair-chance laws
Write job-related criteria for this position
Given the duties you described, the offense categories with a defensible relationship to this job are: offenses against persons, abuse, neglect, and sexual offenses (registry checks and, where mandated, fingerprint checks). Put these categories, the time limits, and the assessment factors in a written screening matrix for the position so every reviewer applies the same standard.
Source: EEOC Enforcement Guidance (2012)
How far back you may look
Seven-year limit applies to this position
A seven-year limit applies to this position: California — Screening companies may not report arrests, indictments, convictions, or other adverse public-record items older than seven years from disposition, release, or parole (Civ. Code § 1786.18(a)(7); parallel rule for consumer credit reports in § 1785.13(a)(6)). California has no salary exemption for employment reports; the only exceptions are life-insurance underwriting of $250,000 or more and employers explicitly required by a governmental regulatory agency to check for older records (§ 1786.18(b)). City and County of San Francisco — Convictions older than seven years (from sentence completion), infractions, and decriminalized conduct may not be considered. Set the search scope to seven years and instruct reviewers to disregard anything older that surfaces from another source.
Source: Cal. Civ. Code § 1786.18 (ICRAA); S.F. Police Code art. 49 (Fair Chance Ordinance, as amended; 2026 amendments effective Aug. 10, 2026) Read the law page →
Individualized assessment and required notices
Written individualized assessment is mandatory here
You do not currently use a written individualized assessment. It is required for this position. Before withdrawing an offer because of a record, document the nature and gravity of the offense, the time elapsed, and the nature of the job, give the applicant the record and your preliminary reasoning, wait the required period, consider any response, and then issue a final written decision. California: Written individualized assessment of the nature and gravity of the offense, the time elapsed, and the nature of the job. Preliminary written notice identifying the disqualifying conviction, with a copy of the report; at least five business days from receipt to respond (five more if the applicant disputes accuracy in writing and is gathering evidence); a mailed notice is deemed received five calendar days after mailing to a California address (ten out of state, twenty outside the U.S.) and an emailed notice two business days after sending (2 CCR § 11017.1); a second individualized assessment considering the response; then a final written notice with the right to file a complaint with the Civil Rights Department. City and County of San Francisco: Employers with five or more employees worldwide may not ask about criminal history until after a conditional offer, and may never consider arrests not leading to conviction, diversion, infractions, juvenile records, convictions older than seven years, or decriminalized conduct. Before an adverse action, give the applicant a copy of the report, identify the item relied on, allow at least seven days to present evidence of inaccuracy, rehabilitation, or mitigation, and conduct an individualized assessment that weighs the nature and gravity of the offense. Under the amendments effective Aug. 10, 2026, the employer must confirm receipt of the applicant’s response within 14 days, delay adverse action for a reasonable period after that confirmation, withdraw the proposed action if the applicant makes a reasonable factual showing that it rests solely on a conviction unrelated to the job, issue the final decision within 30 days of the response or of the notice if no response, and may not consider out-of-state convictions or unresolved arrests for conduct lawful in California involving abortion-related health care, gender-affirming care, drag performance, or miscarriage. Administrative penalties are $1,000, $2,000, and $4,000 per person for first, second, and later violations. Post the OLSE notice and keep records for three years.
Source: Cal. Gov. Code § 12952(c); 2 CCR § 11017.1; S.F. Police Code art. 49 (Fair Chance Ordinance, as amended; 2026 amendments effective Aug. 10, 2026) Read the law page →
California notices and forms
ICRAA/CCRAA disclosure must name the screening company, state the nature and scope of the investigation, and include a checkbox for a free copy of the report; the copy must be sent within three business days of the employer receiving it (Cal. Civ. Code § 1786.16). Employers must give the applicant a copy of any public record obtained without a screening company within seven days (Civ. Code § 1786.53). Fair Chance Act preliminary and final notices are required in addition to the FCRA pre-adverse and adverse notices.
Source: Cal. Gov. Code § 12952 (Fair Chance Act); 2 CCR § 11017.1 Read the law page →
Add the “request a copy” checkbox to your disclosure
California, Minnesota, and Oklahoma require the disclosure to include a box the applicant can check to receive a free copy of the report; put it on the state-notice page, not on the stand-alone federal disclosure.
Source: Cal. Civ. Code § 1786.16; Minn. Stat. § 13C.02; 24 O.S. § 148
Recommended searches for this position
County criminal search: current and prior counties of residence
The county court is the source of record; order a search in each county where the applicant has lived or worked in the lookback period, identified through an SSN trace and address history. Statewide and national databases supplement, not replace, county searches.
Source: Industry standard; FCRA § 613 accuracy duties Read the law page →
Statewide repository search where the state offers one
Add the statewide search for each work and residence state that has a usable repository; it catches counties the address history misses. Some states (California, for example) have no public statewide search, and repository data quality varies.
Database results must be verified at the source before you act on them
A national multi-jurisdictional database is a locator tool. Before any adverse decision, the record must be confirmed against the court of record (the FCRA requires screening companies to keep public-record information complete and current, and several states bar reliance on unverified database hits). Never reject on a database-only result.
Source: 15 U.S.C. § 1681k Read the law page →
Sex offender registry search
For positions working with children, elderly or vulnerable adults, patients, or in customers’ homes, run the national and state sex-offender registry search; state law commonly requires it and negligent-hiring exposure is highest for these roles.
Source: State vulnerable-population statutes
Global watchlist / OFAC search
Sanctions, terrorist, and debarment lists (OFAC, SAM, OIG, FINRA, Interpol) are inexpensive and expected in regulated and government-facing roles.
Mandated checks for your industry control the substance of the decision
You identified a required check: State Nursing Licensing Board. Screen against the HHS-OIG List of Excluded Individuals/Entities and SAM.gov before hire and monthly thereafter for any role paid with federal healthcare program funds (42 U.S.C. § 1320a-7; 42 C.F.R. part 1001; OIG Special Advisory Bulletin, May 2013, which notes the LEIE is updated monthly). Employing or contracting with an excluded person exposes the provider to civil monetary penalties of up to $25,595 per item or service furnished (42 U.S.C. § 1320a-7a(a)(6); 45 C.F.R. § 102.3, 2025 inflation adjustment published Jan. 28, 2026, with no 2026 increase), plus an assessment of up to three times the amount claimed and possible exclusion. State health department rules commonly require fingerprint-based checks for direct patient care and long-term-care roles. A mandated fingerprint or regulator check does not replace the FCRA process when a screening company is also used, and most fair-chance timing exemptions cover only the mandated check itself.
Source: Industry-specific federal and state rules
Primary-source license verification
Verify the RN License directly with the issuing board (status, expiration, and disciplinary history) before the start date and at each renewal.
Employment credit reports
No credit report planned
Good: California restricts employment credit checks, and this position would not qualify for an exemption.
Drug and marijuana testing
Test after the conditional offer
A drug test for illegal drugs is not a medical examination under the ADA, but alcohol tests and any related medical questions are, and must wait until after a conditional offer. Testing everyone after the offer keeps the sequence uniform and avoids collecting medical information (prescriptions, medical-cannabis certifications) before you must.
Source: 42 U.S.C. § 12112(d)
Adopt a written drug-testing policy
The policy should name the positions tested, the substances on the panel, the circumstances (post offer and random), the laboratory and medical review officer, and the consequences of a positive or refused test.
Source: Best practice
Marijuana (THC) pre-employment testing is restricted here
Marijuana may not be treated like other drugs for this position. California — Employers may not discriminate based on off-duty cannabis use away from the workplace (medical or adult use) or on a drug test that detects only non-psychoactive cannabis metabolites, and may not ask about prior cannabis use except through criminal history the employer may lawfully consider (Gov. Code § 12954, AB 2188 and SB 700, eff. Jan. 1, 2024). Tests must detect active THC or impairment; employers may still bar use, possession, or impairment at work. No duty to accommodate medical cannabis use at work. Exempt: building and construction trades and positions requiring a federal background investigation or security clearance, and testing required by state or federal law. Practical options: remove THC from the pre-employment panel for this position, or use a test that detects active THC rather than inactive metabolites where that is what the law allows.
Source: Cal. Gov. Code § 12954 (AB 2188, Jan. 1, 2024); SB 700 (no questions about prior cannabis use) Read the law page →
Salary history
Do not ask about salary history
California — Employers may not ask about or rely on salary history and must provide the pay scale on reasonable request; pay scale must appear in postings, including postings placed by third parties, for employers with 15 or more employees (SB 1162). Since Jan. 1, 2026 (SB 642, Stats. 2025, ch. 468) ‘pay scale’ means a good-faith estimate of the salary or hourly wage range the employer reasonably expects to pay for the position upon hire. City and County of San Francisco — Employers may not ask about or rely on salary history (in addition to California’s statewide ban). Remove the question from applications and interview scripts, and tell your screening company not to request prior pay during employment verification.
Source: Cal. Lab. Code § 432.3; S.F. Police Code art. 33J (Parity in Pay Ordinance, July 1, 2018) Read the law page →
Other checks and verifications
Social media review: never request passwords, and wall off protected information
California (Cal. Lab. Code § 980) prohibits requesting passwords, account access, or “friend” access to personal accounts. Review only public content, have someone outside the hiring decision (or a screening company operating under the FCRA) collect it, remove protected-characteristic information (religion, pregnancy, disability, age, national origin, union activity, lawful off-duty conduct) before it reaches the decision-maker, and apply the same review to every finalist for the position.
Source: State social-media privacy laws
Automated or AI screening tools are regulated here
California — Automated decision systems used in hiring are subject to FEHA anti-discrimination rules; employers and their agents must keep ADS data and employment records for four years (2 CCR § 11013) and may not use automated tools to screen criminal history before a conditional offer (2 CCR § 11017.1). The CCPA automated decisionmaking technology regulations (approved Sept. 23, 2025, eff. Jan. 1, 2026) add pre-use notice, opt-out, and access duties for covered businesses that use ADMT for significant decisions including hiring; compliance is required by Jan. 1, 2027. SB 947 (No Robo Bosses Act, discipline and discharge decisions) was on the Governor’s desk as of Sept. 2026 with a Sept. 30, 2026 deadline; if signed it takes effect July 1, 2027. Ask your vendor for the bias audit, the notice language, and the human-review process before using the tool for this position.
Source: 2 CCR §§ 11008.1, 11009, 11013, 11017.1 (Civil Rights Council automated-decision system regulations, eff. Oct. 1, 2025); 11 CCR § 7001 et seq. (CPPA automated decisionmaking technology regulations, eff. Jan. 1, 2026) Read the law page →
Rescreening and continuous monitoring need fresh authorization and the same process
Obtain a new disclosure and authorization for post-hire checks unless the original clearly and lawfully covers ongoing screening (California and several other states do not permit “evergreen” authorizations for new reports), and apply the same individualized assessment and adverse-action steps to current employees. New York City, Philadelphia, and Los Angeles County extend their fair-chance procedures to current employees.
Source: 15 U.S.C. § 1681b(b); state and local fair-chance laws
OIG and SAM exclusion screening
Screen against the HHS-OIG List of Excluded Individuals/Entities and SAM.gov before hire and monthly thereafter for any role paid with federal healthcare program funds (42 U.S.C. § 1320a-7; 42 C.F.R. part 1001; OIG Special Advisory Bulletin, May 2013, which notes the LEIE is updated monthly). Employing or contracting with an excluded person exposes the provider to civil monetary penalties of up to $25,595 per item or service furnished (42 U.S.C. § 1320a-7a(a)(6); 45 C.F.R. § 102.3, 2025 inflation adjustment published Jan. 28, 2026, with no 2026 increase), plus an assessment of up to three times the amount claimed and possible exclusion. State health department rules commonly require fingerprint-based checks for direct patient care and long-term-care roles.
Source: 42 U.S.C. § 1320a-7 Read the law page →
FACIS® Level 3 healthcare sanctions search
For a healthcare background check, run a FACIS® Level 3 search alongside the criminal search. It covers more than 5,000 federal and state sources in one order: the OIG List of Excluded Individuals/Entities, SAM.gov, OFAC, FDA, DEA and TRICARE, plus the state Medicaid exclusion lists and the licensing and disciplinary boards in all 50 states, which the OIG and SAM lists alone miss. Most reports finish within 24 hours. The OIG recommends screening at hire and monthly thereafter for any role paid with Medicare or Medicaid funds; civil monetary penalties for claims tied to an excluded person currently exceed $20,000 per item. Order the Level 3 tier for licensed and direct-care staff, and repeat it monthly or through continuous monitoring.
Source: 42 U.S.C. § 1320a-7; 42 C.F.R. Part 1001; OIG Special Advisory Bulletin (2013) Read the law page →
E-Verify is voluntary for this position
E-Verify is voluntary under federal law except for federal contractors with the FAR E-Verify clause (48 C.F.R. 52.222-54: enroll within 30 days of award, verify new hires within three business days of hire, and verify existing employees assigned to the contract). Every employer must still complete Form I-9 for each new hire: Section 1 by the first day of work and Section 2 within three business days of the first day of work (8 C.F.R. § 274a.2). The current Form I-9 is the 01/20/25 edition (expires 05/31/2027); USCIS also accepts the 08/01/23 edition through 05/31/2027. Several states mandate E-Verify for private employers above a size threshold; the state rule is shown where it applies. California and Illinois restrict how E-Verify may be used (no pre-offer queries; specific notice duties).
Your process: what to change
Do not consider arrests, dismissed charges, or diversions that did not end in a conviction
See “Which records you may consider” above. You selected one or more non-conviction record types. Remove them from your criteria. California: Employers may not ask about or consider arrests or detentions that did not result in conviction, pretrial or post-trial diversion, or convictions that were judicially dismissed,…
Source: State fair-employment and arrest-record statutes Read the law page →
Marijuana convictions are protected here
See “Which records you may consider” above. California: Marijuana convictions older than two years may not be asked about or considered (Cal. Lab. Code § 432.8). Simple-possession convictions are being expunged automatically in many states and rarely relate to job duties; using them invites disparate-impact claims.
Source: State marijuana-conviction protections
Written individualized assessment is mandatory here
See “Individualized assessment and required notices” above. You do not currently use a written individualized assessment. It is required for this position. Before withdrawing an offer because of a record, document the nature and gravity of the offense, the time elapsed, and the nature of the job,…
Source: Cal. Gov. Code § 12952(c); 2 CCR § 11017.1; S.F. Police Code art. 49 (Fair Chance Ordinance, as amended; 2026 amendments effective Aug. 10, 2026) Read the law page →
Marijuana (THC) pre-employment testing is restricted here
See “Drug and marijuana testing” above. Marijuana may not be treated like other drugs for this position. California — Employers may not discriminate based on off-duty cannabis use away from the workplace (medical or adult use) or on a drug test that detects only non-psychoactive cannabis…
Source: Cal. Gov. Code § 12954 (AB 2188, Jan. 1, 2024); SB 700 (no questions about prior cannabis use) Read the law page →
Draft policy language for this position
Background Screening Policy — Registered Nurse
1. Purpose and scope. [Company Name] conducts background screening for the position of Registered Nurse to verify qualifications, protect employees, customers, and property, and comply with applicable law. This policy applies to all applicants for the position. The same searches and criteria apply to every candidate for the position.
2. Consent. Before any report is obtained from a consumer reporting agency, the candidate receives a stand-alone written disclosure and provides written authorization. State-required notices are provided on a separate page. [Company Name] certifies its compliance to the screening company.
3. Timing. Criminal history is not requested on the application or in job advertisements. [Company Name] asks about, searches for, and considers criminal history only after a conditional offer of employment. Non-criminal checks (identity, employment, education, license) are completed first.
4. Searches. The screening package for this position consists of: county criminal court search in each county of residence and employment during the lookback period; statewide criminal search where available; national criminal database and sex-offender registry search, with all results verified at the source; license verification; post-offer drug test under the written drug-testing policy; OIG and SAM exclusion screening; FACIS® Level 3 healthcare sanctions search (federal exclusion lists, state Medicaid exclusion lists and state licensing boards), repeated monthly. The lookback period is seven years. Records older than the lookback period, sealed, expunged, set-aside, or pardoned records, juvenile records, and arrests or charges that did not result in a conviction (other than pending charges whose alleged conduct relates to the position) are not considered.
5. Decision criteria. A conviction is considered only if it relates to the duties of the position. For a Registered Nurse, the offense categories with a documented relationship to the job are listed in the position screening matrix. No candidate is rejected automatically because of a record.
6. Individualized assessment. Before withdrawing an offer because of a record, the hiring manager and Human Resources document the nature and gravity of the offense, the time elapsed since the offense or completion of the sentence, and the nature of the position; provide the candidate with the record and the preliminary reasons; allow at least 7 business days for the candidate to respond with evidence of inaccuracy, rehabilitation, or mitigating circumstances; consider the response; and issue a final written decision.
7. Adverse action. If a report may lead to an adverse decision, [Company Name] sends a pre-adverse action notice with a copy of the report and the Summary of Rights, waits the period in section 6, and then sends a final adverse action notice that names the screening company, states that the screening company did not make the decision, and explains the candidate’s dispute rights and right to a free copy of the report.
8. Drug testing. Candidates are tested after a conditional offer under the written drug-testing policy, which names the panel, the laboratory, the medical review officer, and the consequences of a positive or refused test. [Marijuana is / is not] included in the pre-employment panel for this position in accordance with applicable law, and medical-cannabis certifications are handled through the accommodation process.
9. Salary history. [Company Name] does not ask candidates or prior employers about compensation history. Offers are based on the budgeted range for the position.
10. Records and confidentiality. Screening reports and assessment records are stored separately from personnel files, accessible only to those involved in the decision, retained for [one / two / four] years after the decision, and then securely destroyed.
11. Review. This policy and the position screening matrix are reviewed at least annually and whenever the position, its work locations, or applicable law changes. Rules current as of September 28, 2026.
Source: Draft for review by counsel
Your answers
The questionnaire answers that produced this report, exactly as the hospital entered them.
| Job title | Registered Nurse |
| What type of employer are you? | Private company |
| How many employees do you have across all locations? | 1,547 |
| Is your organization in any of these regulated industries? | Healthcare |
| Will the background check be obtained from a background screening company (a consumer reporting agency) or run in-house by your staff? | Screening company |
| Where will this position perform its work? | At a fixed work site |
| Work site location | San Francisco, San Francisco County, California |
| List the other locations | Oakland, Alameda County, California |
| Where is your company headquartered? | California |
| Who is being screened? | New applicant |
| Employment status | Full-time |
| Is this a managerial or executive position, or exempt from overtime under the FLSA? | No |
| Does the position involve any of the following? | Working with children under 18; Working with elderly or vulnerable adults; Direct patient care |
| Will the applicant drive as part of the job? | No |
| Is this a safety-sensitive position under federal law, state law, or your own written policy? | No |
| Is a background check for this position required by a federal or state law, a licensing board, a government contract, or a bonding or insurance requirement? | Yes |
| Does the position require a security clearance or work on a federal contract? | No |
| Does the position require a professional license or certification? | Yes |
| How is this position paid? | Hourly |
| Expected annual compensation | $111,904 (from hourly rate × hours × 52) |
| Will you ask the applicant about their prior salary or wage history? | No |
| Will you run a criminal history check? | Yes |
| Which criminal searches do you plan to run? | Not sure, recommend for me |
| Which record types do you want to consider? | Felony convictions; Misdemeanor convictions; Pending charges; Diversion or deferred adjudication; Marijuana-related convictions |
| How far back do you want to look? | Not sure, recommend for me |
| When do you currently ask about criminal history? | Only after a conditional offer |
| Will you use a written individualized assessment (nature of the offense, time elapsed, relation to the job) before rejecting an applicant because of a record? | Not sure |
| Will you apply the same criteria to every applicant for this position? | Yes |
| Will you request an employment credit report? | No |
| Will you drug test? | Yes |
| When will you test? | After a conditional offer; Random after hire |
| Will the panel include marijuana (THC)? | Yes |
| Is the position subject to federal drug-testing rules (DOT, FAA, FTA, PHMSA, Coast Guard)? | No |
| Which verifications will you run? | Professional license |
| Will you pull a motor vehicle record (MVR)? | No |
| Will you review the applicant’s social media or other public internet content? | Yes |
| Will any automated, algorithmic, or AI-based tool be used to score, rank, or screen applicants or background reports? | Not sure |
| Will you rescreen employees or use continuous monitoring after hire? | Yes |
| Will you check federal exclusion lists (OIG, SAM)? | Yes |
| Has the applicant lived, worked, or studied outside the U.S. in the past 7 years? | No |
| At what stage do you currently run the background check? | After a conditional offer |
| Do you give applicants a stand-alone FCRA disclosure and get written authorization before ordering the report? | Yes |
| When a report leads you to reject someone, do you send a pre-adverse action notice, wait, and then send a final adverse action notice? | Yes, both notices |
| What would you like the builder to produce? | Both |
Important
This report is general compliance information prepared from the laws in effect on the date shown. It is not legal advice and does not create an attorney-client relationship. Laws change frequently and local rules may add requirements; confirm the recommendations with your employment counsel before adopting a policy. screeningpolicy.com and Langley Porter AG LLC do not make hiring decisions and are not a law firm.
What a hospital does with this background check policy report
The report is built to move through four hands in one week. HR generates it, counsel reviews it, the screening vendor configures it, and the hiring team follows it. Each step below takes less time than the research it replaces.
Send it to counsel
Forward the PDF to your employment lawyer. Every card cites its source, so review takes minutes rather than billable days.
Fix the change list
Work through “Your process: what to change.” Here that means a written individualized assessment and a THC test for active impairment.
Brief your screening vendor
Order the recommended package: county, statewide, and verified database searches, registry search, license verification, OIG and SAM, and FACIS® Level 3.
Adopt the draft policy
Fill in the bracketed fields and attach the screening matrix. Then calendar an annual review, or a new report when the law changes.
Why a San Francisco healthcare employer needs a position-specific policy
Two fair-chance laws at once
The California Fair Chance Act and the San Francisco Fair Chance Ordinance both apply. The ordinance changed on August 10, 2026. The report sequences the notices, waiting periods, and 30-day decision deadline so the hospital satisfies both.
Cannabis rules for a hospital
Since 2024, California bars decisions based on off-duty cannabis use or metabolite-only tests. Nevertheless, a hospital may still test for active THC and impairment. The report explains the practical options for the pre-employment panel.
Healthcare exclusion screening
OIG and SAM screening is required for any role paid with Medicare or Medicaid funds. Penalties exceed $25,000 per item. The report adds a FACIS® Level 3 search that covers more than 5,000 federal and state sanction sources.
Sample background check policy report: frequently asked questions
What is a sample background check policy report?
It is a real output of our policy builder for one job position, shown here as an example. The report lists every federal, state, and local screening rule that applies to the position. It labels each one by weight, cites its source, and ends with draft policy language. This sample covers a registered nurse who works in San Francisco and Oakland, California.
Is uStayWell Hospital a real employer?
No. The hospital and the contact name are fictional, and the answers were chosen to show a typical healthcare hiring scenario. However, every rule, citation, penalty amount, and effective date is real. All of them are current as of the date printed on the report.
Why does one nurse position produce 26 required items?
Healthcare positions in California sit under an unusually thick stack of law. The FCRA, Title VII, and the ADA apply everywhere. California adds the Fair Chance Act, the ICRAA seven-year limit, and cannabis protections. It also adds salary-history, pay-scale, social media privacy, and automated decision rules. San Francisco then layers its own Fair Chance Ordinance and pay ordinance on top.
What do the red, amber, green, and blue labels mean?
Red means a law requires or prohibits the step. Amber means the step is strongly recommended to reduce legal risk, usually under EEOC guidance or negligent-hiring case law. Green marks a best practice with no legal driver. Blue marks a reminder that gives context, such as which laws apply or how long to keep records.
Why are there no green best-practice cards in this sample?
Every item for this position rose to a higher level. A registered nurse with patient contact in San Francisco triggers many statutes. Consequently, each step is either required, recommended, or a reminder. A sales position in a state with few screening laws shows several green cards instead.
Why does the report tell the hospital to wait seven business days?
Three laws set waiting periods after a pre-adverse action notice. The FCRA sets none, California requires at least five business days, and San Francisco requires at least seven days. Where rules conflict, the report shows the strictest one as required. Therefore, the hospital waits at least seven business days before a final decision.
What is a FACIS Level 3 search and why is it recommended?
FACIS® Level 3 is a healthcare sanctions search that checks more than 5,000 federal and state sources in one order. It covers the OIG exclusion list, SAM.gov, OFAC, FDA, DEA, and TRICARE. It also covers state Medicaid exclusion lists and the licensing boards in all 50 states. The report recommends it for licensed and direct-care staff because OIG and SAM screening alone misses state-level sanctions.
How does the report handle two work sites in the same state?
The builder applies each state once and merges the local ordinances of all its work sites. Here, California law appears one time. The San Francisco ordinance is added for that site, and Oakland adds no separate ordinance. If a second site were in another state, that state and its cities would appear as additional layers.
Can I use the draft policy language as written?
Treat it as a draft for counsel, not a finished policy. Fill in the bracketed fields, such as the company name and the retention period. Then attach the screening matrix and have your employment lawyer confirm the language. The report is general compliance information and not legal advice.
How do I get a report for my own position?
Open the policy builder, answer the questionnaire for one position and its work locations, and pay $25. The report appears on screen instantly and arrives by email as a PDF. Nothing you enter is stored on our servers.
Get the same report for your position in about ten minutes
Enter the position, the pay, and every place the person will work. Our engine compiles the applicable federal, state, and local screening laws and returns a color-coded report with draft policy language. Then your counsel reviews it and signs off.
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screeningpolicy.com is operated by Langley Porter AG LLC. Reports are general compliance information, not legal advice, and do not create an attorney-client relationship. Confirm every recommendation with your employment counsel before adopting a policy.