California Supreme Court Denies Date of Birth Redaction Review
On Wednesday, September 1, the California Supreme Court declined to review the date of birth (DOB) redaction appeal. The Professional Background Screening Association (PBSA) along with the Customer Data Industry Association (CDIA) and dozens of other organizations sent an amicus letter, along with supplemental filings and an additional letter about the effects this will have on criminal background checks.
What Does This Mean?
This denial means that courts in California will continue to redact date of birth search fields from their online and public access records-retrieval terminals. It is also very likely that court clerks will stop providing clerk assistance to verify full dates of birth. Criminal-record checks in California will continue to become more complicated, and in some cases impossible.
Two Potential Alternative Paths to Resolution
The PBSA Government Relations Date-of-Birth Redaction Task Force will begin to carry out two potential alternative paths to resolution:
- Work with the California Judicial Council to modify the rule.
- Create a legislative campaign to introduce statutory changes that require the Judicial Council to modify the rule.
Unfortunately, neither of these two paths are certain and both have a very long path to resolution. If successful, it will possibly be at least a year before there is a resolution.
How You Can Help
The PBSA, in conjunction with its members, including Corporate Screening, is urging any organization who is hiring current or former California residents to please follow the PBSA for the latest updates.
As a result of this development, California employers and residents will have delays in their background screening process.We appreciate your patience and participation in this urgent matter, as the background screening industry and Corporate Screening continue to stand up for our customers and your candidates.