If they had less than five employees or the job which you sought is one which requires a background check under the law (e.g. certain teaching positions), they did not need to make a conditional offer first.If the above exceptions did not apply, they did need to make a conditional offer before doing a *criminal* background check. However, they could do other checks (e.g. drug, credit) with your consent without having to make a conditional offer; and they could simply "google" you freely. (Anyone may "google" anyone at anytime.)If they did violate the ban the box law, you don't sue, but instead report the violation to the CA Dept. of Fair Employment and Housing, which could order the employer to pay something to you (and/or order them to change their practices--the response will depend onthe facts).