Navigating the process of obtaining criminal records in California can be frustrating and time-consuming. Recent legal changes, particularly following the **All of Us or None v. Hamrick** case, have significantly impacted how these records are accessed. This blog aims to shed light on the reasons behind the difficulties in obtaining criminal records which causes the longer turnaround times that many users are experiencing.
Why Are Criminal Records Harder to Access in California?
- Date of Birth (DOB) Redaction
The **Hamrick case**, decided on May 26, 2021, in Riverside County, led to a sweeping change in how date of birth (DOB) information is treated in court records. Following this ruling, the redaction of DOBs has spread throughout California courthouses, leading to increased challenges for researchers who must navigate systems without DOB information, which is critical for confirming identities.
- Varying Access Across Counties
California has 58 counties, and access to public records varies widely, with 46 counties offering Public Access Terminals (PATs) for research, while the other 12 counties do not. This inconsistency can lead to delays, especially in counties without Public Access Termina (PATs), where requests must be processed by court clerks.
- Impact of Date of Birth (DOB) Filters
Counties have different policies regarding DOB filters on the Public Access Terminals (PATs) with some counties offering full DOB filters, others offer partial DOB filters, and some offer no DOB filters.
In counties without a DOB filter and no PAT, all research is 100% clerk-assisted. Delays are common due to understaffing and requests from researchers can be considered low priority. This often results in significant delays, as court staff prioritize attorneys and other urgent matters. Additionally, without PATs, researchers must request case copies to obtain the needed verification and case information.
In counties with a PAT but no DOB filter, additional steps must be taken to obtain the information needed. Researchers must still engage court staff to confirm DOBs, either verbally or through lists they provide. Common name matches pose a challenge, leading to high volume of cases that require thorough review, which impacts the speed in which requested search can be completed.
The ideal situation exists in the counties that have both a PAT and a full DOB filter. These counties allow for smoother and quicker research processes, as researchers can access DOBs directly without needing clerk assistance.
Conclusion
The process of obtaining criminal records in California has become more complicated and time-consuming due to legal changes and inconsistent access across counties. We hope that providing information about the challenges faced when obtaining criminal records in the state of California will help you to better understand why we may ask for additional information, like middle names, and why completion for consumer reports containing criminal record searches in the state of California may take longer.
The above information is provided for information purposes only and should not be construed as legal advice. Users are reminded to seek legal counsel with respect to their obligations and use of PlusOne Screening Solutions services.
