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California’s Governor Gavin Newsom vetoed a bill that would allow electronic criminal record searches using a Driver’s License or Date of Birth.

The Background

It started with a court case known as All of Us or None v. Hamrick. The results of this case led to the California Court of Appeal prohibiting the Riverside Superior Court from allowing electronic criminal searches using a Date of Birth (DOB) or Driver’s License Number (DLN). Several other counties in California opted to do the same.

This caused issues for employers who rely on criminal records when hiring new employees, bringing on contractors or vetting volunteers. The inability to look up records electronically caused major delays, so many background checks took far longer than usual to complete.

Background checks are an essential component of the hiring process. They help employers make informed decisions, maintain safe workplaces and conduct due diligence. When California courts prohibited electronic searches, numerous organizations worked together to create a solution.

A Proposed Bill

To help alleviate the difficulties employers were having with obtaining the records they need, California legislators introduced Senate Bill 1262 (SB1262). It said: “The clerk of the superior court shall keep indexes to ensure ready reference to any action or proceeding filed in the court. There shall be separate indexes of plaintiffs and defendants in civil actions and of defendants in criminal actions. The name of each plaintiff and defendant shall be indexed and there shall appear opposite each name indexed the number of the action or proceeding and the name or names of the adverse litigant or litigants. Publicly accessible electronic indexes of defendants in criminal cases shall permit searches and filtering of results based on a defendant’s driver’s license number or date of birth, or both.”

The Professional Background Screening Association (PBSA) and many other leaders in the screening industry supported this bill. It passed in the Senate and Assembly and was delivered to the Governor in September 2022.

Veto

On September 29, 2022, Governor Newsom vetoed SB1262. It was returned to the Senate without a signature. Unfortunately, this decision means that it will continue to take an extended period of time to obtain records from certain California courts. The Senate is now considering next steps.

What We’re Doing

The team at Backgrounds Online has been following this story closely. While the governor’s decision makes it more difficult to complete background checks for many individuals who live in the Golden State, we remain steadfast in our determination to provide comprehensive background reports in a timely manner.

We partner with a network of professional who obtain records directly from courthouses. As the Senate determines how to proceed, we will continue to utilize their services and work with third parties that provide the data our clients need to complete their hiring process.

Get Background Checks

If you are in the market for background screening services, please contact us. Our highly experienced team excels at completing reports quickly and providing thorough, yet concise data that helps you identify and hire top talent. We can help you customize screening packages based on your needs, industry requirements and relevant laws.

We’re available to assist you Monday through Friday from 5am to 6pm PT.