In February, AccuSourceHR posted a blog article to inform employers of the Superior Court of California, County of Los Angeles’s recently published public notice stating effective February 23, 2024, the court would no longer include partial date of birth as criteria in its criminal name search engines. The court’s procedural change was in response to the May 2021 California Court of Appeals, Fourth Appellate District ruling in All of Us or None – Riverside Chapter vs. W. Samuel Hamrick, Clerk. The court decision in this case has resulted in several courts throughout California redacting date of birth from public criminal records, leading to significant impact on criminal record background screens. AccuSourceHR’s blog post provided a full history of legislative efforts supported by concerned California lawmakers and the Professional Background Screeners Association to mitigate challenges caused by the All of Us or None appellate court ruling on California Rule of Court 2.507 (c) (12), creating case law precedent for California county superior courts to restrict access to date of birth information in online and onsite court access terminal assisted public record searches.
To date efforts to support new legislation to afford access to public information identifying criminal defendants including partial data of birth have not been successful as Governor Gavin Newsom vetoed a bill passed by both the California House of Representatives and the California Senate in 2022 citing security and safety concerns. In the wake of the governor’s veto, a revised bill SB 647 was introduced and would amend California Government Code Section 69846.3 requiring the clerk of the superior court to afford access to public information identifying criminal defendants to persons certifying specific conditions as criteria for access. The bill, if passed, would afford similar access to DOB in criminal court records as Michigan state’s MCR 1.109(D)(9)(b)(v)(B) which “directs the State Court Administrative Office (SCAO) to maintain a list of authorized individuals (“LAI”) who may access a party’s date of birth contained in a court record for the purposes of verifying that particular person’s identity without presenting a written consent or stipulation to the court”. SB 647 addresses concerns voiced by Governor Newson in his veto memo.
AccuSourceHR empathizes with the challenges limitations in access to California criminal records have created for our clients and California employers. These challenges include increased time to hire, loss of qualified candidates due prolonged research and access timeframes and increased security and safety risks for the organizations, their workforce and the public. AccuSourceHR continuously strives to comply with both the recent implementation of court date of birth redaction policies and the Fair Credit Reporting Act (FCRA) stipulation requiring a minimum number of matching personal identifiers prior to reporting to ensure accuracy. We also understand the state’s interest in protecting its citizen’s privacy. In an effort to facilitate a resolution that best meets all concerns, we support the Professional Background Screening Association (PBSA)’s efforts to help enact legislation that affords controlled access to specific certified entities with defined access needs, including Consumer Reporting Agencies (CRAs) conducting background screening on behalf of their clients who have obtained the express permission from the consumer to access any potential records belonging to them for a purpose defined under the FCRA. However, as the prior bill had House and Senate support, it is imperative Governor Newsom has full understanding of the impact redacting partial date of birth from public criminal records accessed in criminal record background screens for employment purposes.
To facilitate the Governor’s access to actual employer impact and concerns, PBSA is requesting a meeting with the Governor’s office. In preparation for the meeting, they are seeking: (1) employers who will allow PBSA to share examples of the impact the limitation on access to criminal history records has had on their organization and (2) employers who may be willing to join PBSA at the meeting with the Governor’s office. If your organization would like to have your voice heard, please notify PBSA’s Public Records Access Director, Rory Bogdon, on or before September 30, 2024. This will enable PBSA to compile data and prepare an attendee list with the Governor’s office prior to requesting a date for that meeting.
PBSA’s Public Records Access Director, Rory Bogdon, is also available to speak directly with employers who would like to learn more about the Hamrick ruling and its impact on court operations. Rory can be reached at rory.bogdon@thepbsa.org to schedule a call to discuss.