California Supreme Court Denies Review of All of Us or None v. Hamrick

California courts will continue to redact date of birth and other personal identifiers from public records, making criminal-record checks increasingly difficult.

Certiphi Screening previously published a communication regarding the California Court of Appeal's recent decision in All of Us or None of Us v. Hamrick. The previous communication can be accessed here.

This communication serves as an update that on September 2, 2021, the California Supreme Court denied the Professional Background Screening Association ("PBSA") and Consumer Data Industry Association ("CDIA") petition to review the ruling. This denial means that we will continue to see courts in California redacting date of birth from public records. It is also likely that clerks will stop providing assistance to verify full dates of birth. The restrictions may also extend to driver's license number and/or social security number.

The PBSA has implemented a Task Force that is currently working to find alternative paths to modify these restrictions.

Certiphi Screening would like for clients to be aware that because of this ruling, background check results may be delayed. We are taking additional efforts to match records and work with the California courts as enforcement of this ruling is inconsistent across the courts. We will continue to report in accordance with our usual standard practice and remain compliant with applicable state and federal laws.

Posted: September 8, 2021

All Rights Reserved © 2021 Certiphi Screening, Inc.
This document and/or presentation is provided as a service to our customers. Its contents are designed solely for informational purposes, and should not be inferred or understood as legal advice or binding case law, nor shared with any third parties. Persons in need of legal assistance should seek the advice of competent legal counsel. Although care has been taken in preparation of these materials, we cannot guarantee the accuracy, currency or completeness of the information contained within it. Anyone using this information does so at his or her own risk.

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