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Navigating Background Check Challenges in California

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Businesses in California, particularly those in Los Angeles County, continue to face hurdles in conducting background checks that include criminal record searches.

In 2021, a court ruling restricted the Riverside Superior Court from allowing searches of its electronic criminal case index using an individual’s date of birth or driver’s license number. Now, Los Angeles County has announced that effective February 23, 2024, it will no longer include even partial dates of birth in its criminal name search engines.

Overcoming this problem won’t be easy, especially in Los Angeles County. Laws like the federal Fair Credit Reporting Act (FCRA) strictly forbid background check companies from connecting criminal records to someone just based on matching names. These companies rely on other details, like the full date of birth, to ensure accurate matches.

As a result, businesses can anticipate delays and potential difficulties in obtaining background check results, especially for individuals with common names. This situation is exacerbated by federal laws like the Fair Credit Reporting Act, which restricts background check companies from relying solely on name matches to attribute criminal records.

By staying informed, exploring alternative approaches, and collaborating with stakeholders, they can overcome these obstacles and continue to prioritize safe and effective hiring practices. Employers will have to continue to work with their background screening company to determine the best options for verifying the identity of certain California applicants.

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As always, we are here to help. Please Speak with Our Team if you have any questions.

Hire Image is a division of Orange Tree Employment Screening, uniting our strengths to design a background screening program in your best interest and deliver unmatched client experience.

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