California continues to be a challenging jurisdiction for background checks. Efforts are continuing to require court clerks to include the date of birth as a search query. Last year courts began removing the date of birth, the standard identifier used across the nation. When conducting criminal records searches, without this identifier we can only search name, and if found, can not report it to our clients as we are legally obligated to have other identifiers to a record than just a name. When a name match occurs, researchers must submit a manual search request to clerks to search for identifiers in the actual file, a time consuming process.
California Senate Bill 809 (Found Here), if passed would severely restrict employers right to know who they are hiring by restricting the ability to use a background check. Where a background check would be allowed, additional terms, conditions and record keeping requirements would apply.
From the bill:
“This bill would enact the Fair Chance Act of 2023, which would revise, recast, and expand the above-described unlawful employment practices, individualized assessments, and associated remedies, as provided. The bill, among other things, would make it an unlawful employment practice to take adverse action against an employee or discriminate against an employee in the terms, conditions, or privileges of their employment based on their arrest or conviction history or to end an interview, reject an application, or otherwise terminate the employment or promotion application process based on conviction history information provided by the applicant or learned from any other source. The bill would authorize employers to conduct a conviction history background check only in specified circumstances. The bill would require an employer to post clear and conspicuous notice informing applicants and employees of certain information, including the act, as described.”
We and our industry associations are closely monitoring this bill.