California Governor Vetoes Bill that Would Have Helped Lessen Delays in Background Checks

California Governor Gavin Newsom has vetoed Senate Bill 1262 (SB 1262) which would have changed superior court rules in the Golden State and may have provided “a more convenient process for companies conducting commercial background checks,” according to a veto message from Governor Newsom about SB 1262 dated September 29, 2022.

SB 1262 – which was introduced by California State Senator Steven Bradford (D-Gardena) – would have required publicly accessible electronic indexes of defendants in criminal cases to permit searches based on a defendant’s date of birth (DOB) or driver’s license number (DLN) or both. Governor Newsom explained why he vetoed the bill in his veto message:

To the Members of the California State Senate:

I am returning Senate Bill 1262 without my signature.

This bill would change superior court rules to allow publicly accessible electronic court criminal indexes to be searched with a subject’s driver’s license number or date of birth.

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.

Sincerely,

Gavin Newsom

After an appellate court’s decision in May 2021 in the case of All of Us or None – Riverside Chapter vs. W. Samuel Hamrick, Clerk, California superior courts began removing the date of birth search field from their online portals and their public-access terminals in the court houses, causing a severe impact on the background screening process in the state.

The Professional Background Screening Association (PBSA) – a non-profit organization founded in 2003 that represents the background screening industry – supported the passage of SB 1262 “because the only identifier remaining on the publicly available record is often name, which is not enough to conclude that the record is about any specific person.”

Background screening companies conducting criminal background checks usually search court records for a date of birth or driver’s license number along with the subject’s name so they can be sure they are looking at the right records to comply with accuracy requirements under the federal Fair Credit Reporting Act (FCRA) that regulates background checks in America.

“The removal of this and other important identifiers from search databases significantly impairs background screening professionals to accurately confirm the identity of prospective employees or residents. Accurate background checks are essential in ensuring your place of employment, children and community are safe,” the PBSA explained on its website.

A survey titled “Background Screening: Trends in the U.S. and Abroad” that was released in August 2021 by the PBSA and HR.com indicated that criminal background checks were the most common type of background screening used by employers with 93 percent of those organizations surveyed responding they relied on that method of screening.

ClearStar is a leading Human Resources (HR) technology company specializing in background checks, drug testing, and occupational health screening. The ClearStar News page helps employers and HR professionals stay up to date with the latest information about the background screening industry. To learn more about background checks, contact ClearStar.

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Thomas Ahearn - Digital Content Editor

Thomas Ahearn is a Digital Content Editor at ClearStar, a leading Human Resources (HR) technology company specializing in background checks, drug testing, and occupational health screening. He writes about a variety of topics in the background screening industry including "Ban the Box," class action lawsuits, credit reports, criminal records, drug testing, the Equal Employment Opportunity Commission (EEOC), the Fair Credit Reporting Act (FCRA), HR technology, identity theft, privacy, social media screening, and workplace violence.

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