October 1, 2022

Volume XII, Number 274

Advertisement

September 30, 2022

Subscribe to Latest Legal News and Analysis

September 29, 2022

Subscribe to Latest Legal News and Analysis

September 28, 2022

Subscribe to Latest Legal News and Analysis

New Bill May Reduce Delay in Background Checks

Last year, the California Court of Appeal ruled in All of Us or None of Us. v. Hamrick that an individual’s date of birth and driver’s license number could not be used as data identifying a criminal defendant in public records. Based on that decision, many courts around the state redacted birth dates and driver’s license numbers from their indexes, causing routine background checks to be much more difficult to obtain. Consumer reporting agencies have historically relied on these court indexes to complete criminal background checks in California.  The inability to verify an individual’s criminal record based on personal identifiers such as date of birth and a driver’s license number has adversely impacted these agencies’ ability to satisfy the accuracy of report requirements under the Fair Credit Reporting Act and the like.

A proposed bill, Senate Bill (SB) 1262 may resolve the issue by requiring publicly accessible electronic criminal defendant indexes to permit searching and filtering of results based on a defendant’s driver’s license number or date of birth, or both.

While SB 1262 is pending in the legislature, employers should carefully review background checks and continue to follow the process of individualized assessment and notice required by state, federal, and local ordinances when assessing if an employee or applicant should be disqualified from a position.

Jackson Lewis P.C. © 2022National Law Review, Volume XII, Number 73
Advertisement
Advertisement
Advertisement
Advertisement

About this Author

Of Counsel

Sayaka Karitani is of counsel in the Los Angeles, California, office of Jackson Lewis P.C. Her practice focuses on representing employers in workplace law matters, including preventive advice and counseling.

213-689-0404
Sally Trung Nguyen Employment Attorney Jackson Lewis Silicon Valley
Of Counsel

Sally Trung Nguyen is of counsel in the Silicon Valley, California, office of Jackson Lewis P.C. Sally has a special affinity in representing clients in labor and employment law matters. She regularly advises and counsels management on employment law compliance and best employment practices. In recognizing that litigation arising from employment disputes cannot always be prevented and that clients’ needs vary, Sally strives to provide advice that is specifically tailored to each client’s circumstances and priorities to help them overcome potential challenges...

415-963-2298
Advertisement
Advertisement
Advertisement