California Data Redaction Updates

February 2024: Los Angeles County, California date of birth redaction takes effect

Starting February 23, 2024, the Superior Court of Los Angeles County, California has decided to remove the month and year of birth as search criteria for its criminal records. This change will affect criminal history searches in Los Angeles County, California. You can see the Los Angeles County court notice here.

California data redaction history timeline

The California Court of Appeal recently made a decision that affects court record access. As a result, California courts are now declining to respond to research requests, limiting in-person queries and restricting the amount of Personally Identifiable Information (PII) provided when potential records are found. The decision to remove date of birth and driver's license from the searchable electronic index was reached in 2021 due to "All of Us or None etc. v. Hamrick." The case alleged that improperly maintained records invaded the plaintiff's right to privacy, embodied in the fifth action of the California Constitution.

This ruling posed a critical challenge for the background screening industry and employers relying on court records. Specifically, it altered the permissible personal identifiers used for searching court electronic indexes. Removing significant identifiers, such as date of birth or driver's license numbers, has made it more challenging to identify subjects in criminal court records within California.

2022: SB-1262
SB-1262, proposed in 2022, aimed to reverse this action and enable searches of publicly accessible electronic court criminal indexes using a subject's driver's license number or date of birth. The bill sought to allow filtering of results based on these identifiers to find relevant criminal records. Previously, we covered the progress of data redaction legislation related to SB1262 in September 2022 and again in October 2022. Below is a brief timeline of SB-1262.

• April 26, 2022: Senate Public Safety Committee Hearing (Advances on 5-0 vote)
• May 24, 2022: Passes Senate (37-0 Vote), sent to Assembly
• June 27, 2022: Assembly Public Safety Committee Hearing (Advances on 5-0 vote)
• August 3, 2022: Assembly Appropriations Hearing (Advances on 15-0 vote)
• August 31, 2022: Passes Assembly (53-9 Vote)
• September 13, 2022: Delivered to Governor
• September 29, 2022: Vetoed by Governor Newsom

Governor Newsom stated his reason for vetoing the bill on September 2, 2022:

"This bill would override a 2021 appellate court decision and current court rules that strike a fair balance between public access to court records, public safety, and an individual's constitutional right to privacy. While this bill may provide for a more convenient process for companies conducting commercial background checks, it would also allow any member of the public to easily access individuals' sensitive personal information online. For these reasons, I cannot sign this bill."

To read Governor Newsom's complete statement, take a closer look here. 

2023: A second attempt to make personal identifiers more accessible for criminal background checks

After the veto of SB 1262, a second attempt was made to enhance court record accessibility for criminal background checks. Introduced by Senator Steve Bradford in February 2023 as SB-647, this bill aimed to:

• Require superior courts to provide access to public information identifying criminal defendants under penalty of perjury.
• Allow court clerks to audit individuals who accessed public records with at least ten business days' notice.

However, on September 14, 2023, the California Legislature adjourned without granting SB-647 a hearing by the Senate Public Safety Committee. Consequently, the bill could not be voted on in the Senate in 2023.

2024: The current status of data redaction laws in California
As of 2024, the PBSA (Professional Background Screening Association) and CDIA (Consumer Data Industry Association) are still seeking to find a way to introduce legislation that will statutorily ensure access to personal identifiers such as date of birth and driver's license information.  

Verified Credentials will attempt to monitor the progress in California and provide updates as they become available. Employers should work with their legal team to determine the best approach for screening candidates with a history in California.