California courts continue to block access to full date of birth data in court records. As a result of the California Court of Appeals decision in the All of Us or None – Riverside Chapter vs W. Samuel Hamrick, Clerk, California Superior courts have been removing the date-of-birth search field from their online portals and their public access terminals in the courthouses. As a result, often the only identifier available to us is a name, which is not enough information to report a record.
Under the Fair Credit Reporting Act (FCRA) 1681e(b), as a background check company (Consumer Reporting Agency), we are required to “follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates.” This has been determined by the Federal Trade Commission (FTC) to mean matching an applicant’s name and date of birth and possibly other data. A name-only match has never been considered to meet the accuracy requirement.
Several large employers and professional associations, including the Professional Background Screeners Association (PBSA), whom we belong to, have petitioned the California Supreme Court. That request was denied. Unfortunately, a December 2021 request for relief to the California Judicial Council was denied.
This and potentially further civil cases filed in California jeopardize the ability to provide criminal record information in the State of California. Safe-Screen, the PBSA, Consumer Data Industry Association (CDIA), and many others continue to work to overturn these disastrous and dangerous decisions. Until then, some counties in California will be slow, difficult, or impossible to obtain criminal record data.