California is often at the forefront of progressive legislation, for example, green initiatives or cannabis reform. But its effort to protect the privacy of individuals involved in the justice system has had a ripple effect that’s now hurting the very people it aimed to help, especially job seekers.
Recent legal and procedural changes to how criminal records are accessed in California have significantly slowed down background checks, introduced a higher risk of errors, and impacted employment outcomes across the board. Here’s how.
A Quick Look Back: California’s Progressive Hiring Laws
Over the years, California has enacted several laws to improve fairness in the hiring process for individuals with criminal records, including:
- Ban the Box (AB 218): Prohibiting public employers from asking about criminal history on job applications.
- The Fair Chance Act (AB 1008): Expanded “Ban the Box” protections to most private employers, making it illegal to ask about criminal history until a conditional job offer is made.
These changes aimed to reduce bias and open doors for those reentering the workforce. But things took a complicated turn after the court case All of Us or None v. Hamrick.
The Landmark Case: All of Us or None v. Hamrick
In 2021, the Riverside chapter of the advocacy group All of Us or None sued the Riverside Superior Court and its clerk, W. Samuel Hamrick Jr., arguing that allowing searches of criminal records by date of birth (DOB) and driver’s license number violated privacy laws under the California Rules of Court (Rule 2.507).
The court sided with the plaintiffs, and in the wake of this decision, several other counties, most notably Los Angeles County, began redacting DOBs and license numbers from online court records used in background screening.
Why This Matters: Identifiers Are Essential
Background screeners don’t just rely on names. They need personal identifiers, such as DOBs and driver’s license numbers, to confirm a criminal record belongs to the person being screened.
For example, if you’re trying to hire a “Bob Smith” in California, there could be dozens of individuals with that same name and a criminal history. Without DOBs to verify the correct individual, screeners can’t guarantee accuracy. However, the lack of identifiers not only impacts employers but also candidates.
For Employers:
- Longer Time-to-Hire: Background checks can take significantly longer without clear identifiers.
- Lower Confidence in Results: Employers may receive incomplete or ambiguous reports.
- Increased Risk: Hiring someone with an unverified criminal history can jeopardize workplace safety and increase liability.
For Background Screening Providers:
- Increased Errors: Screeners risk false positives or negatives.
- Higher Costs: Manual court record verification takes more time and labor.
- Longer Turnaround Times: Reports that once took hours can now take days or even longer.
For Job Seekers:
- Onboarding Delays: Slower background checks mean delayed start dates.
- Risk of Misidentification: Job offers may be withdrawn due to inaccurate records.
- Harder Disputes: Without identifiers, it’s more difficult for candidates to challenge false records.
The Industry’s Response: Fighting for Fair and Accurate Screening
The Professional Background Screening Association (PBSA) has been actively working to fix the issue through legislation. In 2022, it seemed progress was being made when Senate Bill 1262 was introduced to allow court searches using DOBs or driver’s license numbers. It passed both houses of the California Legislature, but was vetoed by Governor Gavin Newsom, citing privacy concerns.
Despite the setback, the PBSA is continuing advocacy efforts and seeking support from businesses affected by the current restrictions.
What You Can Do: Support Common-Sense Background Screening
If you are a California employer or a business that hires in the state, you can play a critical role in restoring access to criminal record identifiers.
Here’s how:
- Contact the Governor’s Office: Share how these delays are affecting your ability to hire.
- Tell Your Story: Real-world examples from employers are vital in showing legislators how this issue impacts workplace safety, hiring speed, and fairness for candidates.
- Partner with Your Screener: Ask your background check provider how you can support PBSA’s legislative efforts.
About the Guest Author
Jennifer Gladstone is a news anchor and journalist with more than 25 years of experience in front of the camera. During her broadcasting years, she worked in several local news markets, including Atlanta and Baltimore, and was the National News Anchor for Sinclair Broadcasting’s NewsCentral operation. She is now the owner of Gladstone Creative Media, allowing her to represent a broad group of clients in the energy, banking, technology, and human resources sectors.
Jennifer has been working in the Background Screening space since 2013, helping employers navigate and better understand this very complex yet essential piece of the hiring process.
