| Entities | California (31) |
| Topics and Issues | Background checks (71) Public Records (25) |
On July 15, 2021, a diverse group of trade associations and businesses, all with a keen interest in protecting the public, signed on to an amicus letter to the California Supreme Court asking the Court to reverse a lower court decision that, if left standing, would render most employment in the state severely delayed, and in many instances, they will no longer be possible at all. The amicus effort was led by the Consumer Data Industry Association (CDIA) and the Professional Background Screening Association (PBSA). On July 22, CDIA and PBSA filed a supplemental amicus with 13 additional businesses and associations.
On May 26, 2021, the California Court of Appeals, 4th A.D (starting from Riverside County), calls for the removal of significant identifiers (date of birth or driver’s license number) from criminal records:
After considering the text, history, and purpose of Rule 2.507 [(Electronic access to court calendars, indexes, and registers of actions)], we agree that the rule prohibits the Riverside Superior Court from allowing searches of its electronic criminal index by use of an individual’s date of birth or driver’s license number. We further conclude that the trial court erred in sustaining defendants’ demurrer to this cause of action.
The case, All of Us or None of Us v. Hamrick, has had and will have a significant impact on employers, housing providers, and the general public in California. The decision removes date of birth and driver’s license numbers as data identifying criminal defendants.
Signing on to July 15, amicus letter is 22 organizations, including CDIA and PBSA: California Bankers Association, California Chamber of Commerce, California Credit Union League, California Financial Services Association, Checkr, Inc., Coalition for Sensible Public Records Access, Electronic Security Association, Lyft, Inc., Moco Incorporated, National Consumer Reporting, Association, National Public Records Research Association, Public Records Retrieval Network, Security Industry Association, Southern California Rental Housing Association, Sue Weaver CAUSE: Commit to Always Using Screened Employees, The Monitoring Association, Tribal Gaming, Protection Network, Uber Technologies, Inc., Vector Security, Inc., Western Burglar Alarm and Fire Alarm Association.
Signing on to the July 22, amicus letter is an additional 13 organizations: Apartment Association of Orange County, BRB Publications, LLC, California Alarm Association, California Association of Boutique & Breakfast Inns, California Hospital Association, California Hotel & Lodging Association, California Rental Housing Association, California State Council of the Society for Human Resources Management, Hospitality Santa Barbara, Hotel Association of Los Angeles, Long Beach Hospitality Alliance, Public Record Retriever Network, Western Burglar and Fire Alarm Association Unilateral Apprenticeship and Training Program.
Representing CDIA and PBSA on the amicus letter are HudsonCook and TroutmanPepper.
On July 22, the Plaintiff-Appellants filed an application to the California Supreme Court asking for leave to respond to the CDIA/PBSA coordinated joint amicus along with a proposed response.
Shortly after the decision in All of Us, on July 7, 2021, PBSA sent a letter to California Chief Justice Tani Cantil Sakauye, who is also the Chair of the Judicial Council of California, requesting a change to Rule 2.507 by adding a new subsection to affirm that the rule does not require clerks to change their longstanding practices, and give clarity to the ability to conduct background searches in the state of California.
Additional reading about this case is available at: California Court of Appeal Ruling Could Severely Restrict Employment Background Checks (JacksonLewis).