AccuSource Blog

Important Update: California Identifiers Redaction

Criminal Records

We wrote in July about the issue of obtaining identifiers in California due to redaction. As a reminder, under All of Us or None—Riverside Chapter, et al. v. W. Samuel Hamrick, Jr., et al., the plaintiffs argued, among a number of claims, that the Riverside County court violated California Rules of Court Rule 2.507 because the Riverside Superior Court allows users of its electronic index to search by inputting a person’s date of birth and driver’s license number. Ultimately, on May 26, 2021, the California Court of Appeals, Fourth Appellate District, held that Rule 2.507 prohibits California courts, including the Riverside Superior Court, from allowing searches of its electronic criminal index by date of birth or driver’s license number.

We previously shared that our industry group, the Professional Background Screening Association (“PBSA”), along with the Consumer Data Industry Association (CDIA), submitted an amicus letter to the California Supreme Court asking them to review the appellate court’s decision. On September 1, 2021 the California Supreme Court denied review. According to the PBSA, we will likely see California courts redacting dates of birth from public access terminals and online court searches. Additionally, Los Angeles County clerks recently stopped verifying dates of birth, a practice that could spread throughout the state. The PBSA will work on other avenues to address this issue.

However, the Supreme Court’s denial of review will make California criminal records checks even more difficult if not impossible. As we have written in previous posts, AccuSource must ensure it has a minimum number of identifiers before reporting records, meaning at least two identifiers for uncommon names and at least three for common names. As stated previously, please be aware that AccuSource may experience delays in receiving and reporting records from California, especially from those courts that have either removed the date of birth search feature from their online portal or those who have paused background screening in general. As AccuSource obtains updates on this important topic, we will continue to share them.

If you would like AccuSource to provide a complimentary review of your current background screening compliance program, please contact us at marketing@accusource-online.com.

 

Jennifer Daimon, Esq. | CIPM

Jennifer Daimon, Esq. | CIPM

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