The Superior Court of Los Angeles County announced in February 2024 that it will no longer permit criminal search databases on court records using an individual’s birth month or year, either online or in courthouse kiosks. While this change was intended to prioritize privacy and reduce the risk of identity theft, it has significant implications for employers and Credit Reporting Agencies that rely on obtaining timely and accurate information regarding an individual’s criminal background.
A practical example
Let’s say, for example, your small business is considering hiring an applicant named John Smith, who if hired would be delivering and repairing brand-name appliances inside customer’s homes. Your business wants to put John to work right away, so following company policy designed to protect your business and the major brand, you submit a criminal screening request right away. You enter details on the screening request including John’s name, date of birth, address, driver’s license #, and other identifying information, and hit ‘Submit’. And then… if John has resided in LA County anytime in the past 7 years…you wait… and wait… and wait to see if he will become authorized or not.
What could possibly be taking so long? The answer lies in what search criteria are permitted at the county level. For LA County, even though you have the individual’s full information on your application and screening request, this county court generally allows only a single data point to pull records- the name “John Smith.” So, without the additional birth month and year to narrow down the search results, this search may return hundreds- or perhaps thousands- of results. So, which of those criminal records returned match your applicant John Smith? Is it the one with the spotless criminal history, or the one with several criminal misdemeanors awaiting conviction for a major felony? Under LA’s new regulation, you may never know.
The example above shows how the employer- and the major brand he works for- are going to have a very tough time determining if this individual is safe to put to work inside customers’ homes. In addition, John Smith is going to have a very challenging time finding gainful employment within a reasonable timeframe for any reputable company that requires a thorough criminal background check.
Consequences
The example above is just a single instance of how removing birth date is blocking employers and CRAs from obtaining accurate background check information, especially for individuals with common or matching names. Since the LA County Court removed this important identifying information in February, there has been a marked increase in false positives of people with the same names, mismatches among people who use nicknames, and underreporting of criminal records. Searches are increasingly inefficient, significantly delayed, potentially incomplete, or cannot be completed at all, which all negatively impact time to hire. Overall, less reliable and comprehensive search results are increasing risk for customers and their business networks.
Challenges to obtaining timely, reliable criminal search results are not likely to stay within LA county, either, since California is often the frontrunner in setting regulatory updates & legislation for other jurisdictions. Michigan, for example, is already considering an approach to vetting similar to that of LA County.
What Can be Done?
Since the nature of screening is constantly evolving, we must adapt and change as well. On the employer side, many are redefining their risk tolerance, bolstering insurance policies, and leading workplace initiatives to reduce theft and violence. Many others find it helpful to partner with a CRA such as PlusOne Screening Solutions to remain in compliance with constantly changing regulations. At PlusOne, we are always seeking out alternative, compliant methods to help keep you and your network safe, such as our verification services, identity products, and social media screening offerings. For more information click here.
