Background check delays started on May 26, 2021, in California due to a court decision called – All of Us or None v. Hamrick, which caused significant background check delays in many California county courts and left background check companies like Legal Locator Service unable to report some criminal record search results. This decision meant that background check companies could no longer verify key personally identifying information (PII) in state court index searches used for background checks, such as the full date of birth because the California Court of Appeal held that the information must be treated as private. Legal Locator Service vets and verifies all flagged records with the source. Accuracy is key!
The Professional Background Screening Association (PBSA), an industry group of “consumer reporting agencies” background check companies, started working on the California Legislature passed Senate Bill 1262, aimed at rectifying the problem caused by the Hamrick decision in May 2021. On September 13, 2022, the Legislature presented the bill to Governor Gavin Newsom for signature. At the end of the legislative session, the governor vetoed the bill. Removing the (PII) personal identifiable information from search databases significantly impairs background screening companies from accurately confirming the identity of prospective employees or residents. Accurate background checks are essential in ensuring your place of employment, children and community are safe.
On September 29, 2022, Governor Gavin Newsom vetoed Senate Bill 1262 (SB 1262). Introduced by California State Senator Steven Bradford (D-Gardena), SB 1262 would have required publicly accessible electronic indexes of defendants in criminal cases to permit searches based on the defendant’s date of birth or Driver’s License.
The governor’s office posted a message regarding the veto of the bill.
This was not the outcome we were looking for to verify identity on criminal records in California. The End result is more work for background check companies and more cost for all. Accuracy is EVERYTHING!