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Due to a ruling by a California Court of Appeal, the Riverside Superior Court no longer allows electronic criminal searches using certain data points.

All Of Us Or None

Following a California court case known as All of Us or None v. Hamrick, the California Court of Appeal, 4th Appellate District prohibited the Riverside Superior Court from allowing electronic criminal searches using a Date of Birth (DOB) or Driver’s License Number (DLN). This means online searches for records at the Riverside courthouse cannot include birthdates or DLNs.

The court released an opinion that said: “After considering the text, history, and purpose of Rule 2.507 [Electronic access to court calendars, indexes, and registers of actions], we agree that the rule prohibits the Riverside Superior Court from allowing searches of its electronic criminal index by use of an individual’s date of birth or driver’s license number.”

Other Counties Are Doing The Same

The case in question affected the Superior Court in Riverside but other California counties have followed suit. According to a vendor that provides court records, the list of counties that are not allowing electronic criminal searches using DOB or DLN include:

• Riverside
• Fresno
• Kern
• Ventura
• Los Angeles

It is not known at this time if other counties will impose similar restrictions.

The PBSA Reacts

The Professional Background Screening Association (PBSA) believes this could cause issues for employers and the screening industry. They worked with the Consumer Data Industry Association (CDIA) to compose an amicus brief. In it, they noted that this decision could precipitate an “utter disaster in nearly every sector of the California economy.”

PBSA representatives went on to say this ruling is already becoming a problem. They believe that if the court does not reverse its opinion, then criminal background checks will be severely delayed or no longer possible. In their brief, they noted that numerous industries rely on “properly-conducted criminal background checks to ensure their safe, smooth and lawful functioning.” Unless this ruling is overturned, they suggested, it will become challenging to “conduct criminal background checks in a volume that is sufficient to keep these sectors functioning.”

The Backgrounds Online Approach

While the ruling makes it difficult to conduct criminal searches online for some CA courts, these records can be obtained in person. Backgrounds Online partners with a network of professionals who go directly to courthouses to request documents. We will keep a close eye on this situation, utilize a variety of resources to obtain court records and work diligently to complete every background check in a timely manner.

If You Need Background Checks

Background reports are a crucial part of the hiring process. Employers use them to confirm candidates are qualified, create safe workplaces and conduct due diligence.

If you need to screen applicants, volunteers or contractors, please contact us. Our team makes efforts to keep up with relevant laws, can help you customize background check packages for any position and help you understand how long each report will take to complete. We are available to assist you Monday through Friday from 5am to 6pm PT.