New California Senate Bill Fights Back Unnecessary Criminal Record Restrictions

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New California Senate Bill Fights Back Unnecessary Criminal Record Restrictions

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Last year, a California court case sought to redact date of birth information from court records and succeeded. The ruling added unnecessary barriers to the criminal background check process in your tenant screening, added another burden to landlords and tenant screening companies, and jeopardized the objective information housing providers rely on. A new Senate bill has been introduced to eliminate these obstacles.

The 411 on California’s Criminal Record Restrictions

All background checks rely on personally identifiable information (PII) like dates of birth (DOB) and social security numbers to accurately match the record to the renter. Most courts across the country enable criminal record searches with these identifiers, except California and Michigan.

After All of Us or None of Us v. Hamrick, DOBs and driver’s license numbers were excluded from California criminal records. Superior courts across California have deleted DOB search fields, making it significantly more difficult to verify your renter’s identities during the criminal background check.

The 411 on California’s Criminal Record Restrictions

All background checks rely on personally identifiable information (PII) like dates of birth (DOB) and social security numbers to accurately match the record to the renter. Most courts across the country enable criminal record searches with these identifiers, except California and Michigan.

After All of Us or None of Us v. Hamrick, DOBs and driver’s license numbers were excluded from California criminal records. Superior courts across California have deleted DOB search fields, making it significantly more difficult to verify your renter’s identities during the criminal background check.

All background checks rely on personally identifiable information (PII) like dates of birth (DOB) and social security numbers to accurately match the record to the renter. Most courts across the country enable criminal record searches with these identifiers, except California and Michigan.

After All of Us or None of Us v. Hamrick, DOBs and driver’s license numbers were excluded from California criminal records. Superior courts across California have deleted DOB search fields, making it significantly more difficult to verify your renter’s identities during the criminal background check.

Imagine playing a game of ‘Guess Who?’ and being unable to ask if the person you’re trying to match has glasses. While it’s not impossible to accurately match the person without knowing if they have glasses, it makes it harder. And, if more rules get put into place like banning questions about facial hair or if they have a hat, it makes matching more time-consuming and less reliable.

Landlords and property managers depend on criminal records to protect the public, their assets and ensure the tenants meets their criteria. For example, in your tenant screening you can not only find records of evictions, but also discover in the screening if the person has a record of property damage. Once that is seen, you can decide whether that chance of damaging your property balances well to your needs. Eliminating important PII from criminal public records pokes unnecessary holes in the California criminal database as a whole.  While this ruling currently only makes your background screening trickier, it’s an alarming trend in the wrong direction. S.B. 1262 aims to fix that.

What is S.B. 1262?

Imagine playing a game of ‘Guess Who?’ and being unable to ask if the person you’re trying to match has glasses. While it’s not impossible to accurately match the person without knowing if they have glasses, it makes it harder. And, if more rules get put into place like banning questions about facial hair or if they have a hat, it makes matching more time-consuming and less reliable.

Landlords and property managers depend on criminal records to protect the public, their assets and ensure the tenants meets their criteria. For example, in your tenant screening you can not only find records of evictions, but also discover in the screening if the person has a record of property damage. Once that is seen, you can decide whether that chance of damaging your property balances well to your needs. Eliminating important PII from criminal public records pokes unnecessary holes in the California criminal database as a whole.  While this ruling currently only makes your background screening trickier, it’s an alarming trend in the wrong direction. S.B. 1262 aims to fix that.

What is S.B. 1262?

Introduced by Senator Steven Bradford (D-Inglewood), S.B. 1262 would return court record searches to before this new ruling. It would require superior courts to allow criminal searches with driver’s license numbers and DOBs. Ultimately, it would be as if the restrictions from All of Us or None of Us v. Hamrick never existed. So, your tenant screening company can go back to quickly and efficiently matching individuals to their eyeglasses – or in this case, their DOB or driver’s license number.

 

Introduced by Senator Steven Bradford (D-Inglewood), S.B. 1262 would return court record searches to before this new ruling. It would require superior courts to allow criminal searches with driver’s license numbers and DOBs. Ultimately, it would be as if the restrictions from All of Us or None of Us v. Hamrick never existed. So, your tenant screening company can go back to quickly and efficiently matching individuals to their eyeglasses – or in this case, their DOB or driver’s license number.

 

As of publication, this bill is pending in the Senate Public Safety Committee and will have until April 29th, 2022 to pass. We urge you to get the word out and contact your local representative. State Senators on the Public Safety Committee reviewing this bill are:

ApplyConnect is proud to join the Consumer Data Industry Association (CDIA), the Professional Background Screening Association (PBSA), and many other companies and associations in support of S.B. 1262 that advocate for fair, objective criminal record access.

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As of publication, this bill is pending in the Senate Public Safety Committee and will have until April 29th, 2022 to pass. We urge you to get the word out and contact your local representative. State Senators on the Public Safety Committee reviewing this bill are:

ApplyConnect is proud to join the Consumer Data Industry Association (CDIA), the Professional Background Screening Association (PBSA), and many other companies and associations in support of S.B. 1262 that advocate for fair, objective criminal record access.

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The nation’s most trusted tenant screening for real estate agents, landlords, and property managers. No cost background checks available 24/7.

©2018 ApplyConnect. All rights reserved

ApplyConnect marks used herein are trademarks or registered trademarks of applyconnect.com. Other product and company names mentioned herein are the property of their respective owners.