California DOB Redaction Information

CALIFORNIA REMOVES DATE OF
BIRTH FROM COURT RECORDS

California Court Decision and You

A decision by the California Court of Appeal has resulted in CA Courts refusing to respond to research requests, limiting the number of queries that can be made in person, or limiting the amount of PII provided when a potential record is found. These decisions are being implemented in CA Courts across the state with little to no notice and are impacting public records research and reporting.

What is at Stake?

Because of the decision in the All of Us or None – Riverside Chapter vs. W. Samuel Hamrick, Clerk case, California Superior courts have been removing the date-of-birth search field from their online portals and their public-access terminals in the court houses. This causes a severe impact on background screening because the only identifier remaining on the publicly available record is often a name, which is not enough to conclude that the record is about any specific person.

Why it Matters.

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

What's Next?

PBSA, CDIA, and our allies continue to seek legal, legislative, and administrative remedies to this conflict. These include the introduction of legislation that would statutorily ensure DOB access.

California Legislation – SB 647

Following the veto of SB 1262 in 2022, PBSA, CDIA, and our allies sought to draft fresh legislation taking cues from the previous legislation as well as the Governor's veto message. The resulting legislation was introduced by Senator Steve Bradford in February of 2023 as SB 647.

Unfortunately, SB 647 was not granted a hearing by the Senate Public Safety Committee in time to meet the April 29 hearing deadline, which means it is unable to be voted on by the Senate at this time.

With the adjournment of the California Legislature on September 14, we are now forced to wait until the Legislature reconvenes in January to renew our push for hearing and passage of SB 647.

If you or your organization wish further information regarding Senate Bill 647, please contact brent.smoyer@thepbsa.org.

DOB RESTORATION LEGISLATIVE TIMELINE:

SB 1262 (2022)

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. Veto message can be found HERE.

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SB 647 (2023)

February 16, 2023 - Introduced. Text can be found HERE.

September 14, 2023 - California Legislature Adjourns for 2023.

Leading the Way.

PBSA and CDIA ARE USING THEIR COLLECTIVE INDUSTRY VOICES TO PROTECT YOU.

Professional Background Screening Association (PBSA) and the Consumer Data Industry Association (CDIA) are leading the effort to overturn the decision in All of Us or None of Us vs. Hamrick, and they are also leading the effort to petition the California Judicial Council.

For more information about this effort or other public record access issues, please contact:

Melissa Sorenson, Executive Director
melissa.sorenson@thepbsa.org

Brent Smoyer, JD, PBSA State Government Relations & Grassroots Director
brent.smoyer@thepbsa.org

Jose Dimas, PBSA Government Relations Director of Public Records Access
jose.dimas@thepbsa.org

Eric J. Ellman, Senior Vice President for Public Policy and Legal Affairs
eellman@cdiaonline.org