Background Check Delays Creating Obstacles Across California

California is facing a frustrating hurdle: significant delays in background check processing. This is causing headaches for employers, landlords, and job seekers alike. Let’s unpack the reasons behind these delays, the potential consequences, and what you can do to navigate the situation.

A Change in the Rules

The root of the problem stems from a 2021 court ruling. However, interpretation of that ruling has led to some courts in California, like Los Angeles County, restricting access to dates of birth and driver’s license numbers in public court record searches. Previously, background check companies relied heavily on this information to narrow search results, especially for individuals with common names. With it, searches can return hundreds or even thousands of possibilities, making it easier to pinpoint the correct record.

Los Angeles County has been hit particularly hard by these changes. With a high volume of background check requests and a large population with common names, the delays can be substantial. This can leave people waiting weeks or months for background checks to clear, stalling job applications and housing approvals.

Similarly, there are industries legally required to conduct criminal background checks being impacted by the delays but forced to wait due to r regulations.

Background screening organizations (referred to as Consumer Reporting Agencies)  are held to a legal standard to “assure maximum possible accuracy” under the Federal Fair Credit Reporting Act.  This means there is an obligation to report accurate and complete information, therefore reporting name match only records is not sufficient.

Finally, the Equal Employment Opportunity Council (EEOC) released Guidance that provides employers review a number of factors if they are going to consider an individual’s criminal history in making an employment decision.  These factors include, but are not limited to, employers looking at all criminal history through the lens of job-relatedness, age of the offense, age of the job candidate when the offense took place, and any rehabilitation efforts the job candidate has taken since the criminal offense took place before employers’ use an individual’s criminal history in a hiring decision.

Yet here we are with not enough information to even adhere to the Federal guidelines, meet legal requirements for specific industries, nor was any of the EEOC guidance taken into consideration.

What Now?

The future of criminal background checks in California remains yet to be determined.. Recent legislative efforts to address the issue have not been successful. With some counties potentially following Los Angeles’ lead, a patchwork system of background check procedures could emerge across the state.

Tips for Moving Forward

• Be aware of the potential delays and factor them into your hiring timeline.
• Educate your candidates on the potential delays and what might be behind it.
• Employers and landlords must adjust their hiring and tenant screening processes to account for the longer wait times.

Here are some frequently asked questions regarding the delays in California background checks:

Why are background checks taking so long in California?

Courts continue to interpret the 2021 decision in All of Us vs None of Us vs Hamrick through a specific lens.   It has led some courts including Los Angeles to restrict access to certain identifying information in court record searches, making it difficult for background check companies to narrow search results, especially for common names.

How long are the delays in California background checks?

The delays can vary depending on the county, the individual’s name, and the number of potential cases that need to be accessed and reviewed.

Who is most affected by the delays in California background checks?

The delays impact job seekers, potential tenants, and employers/landlords. Job applications and housing approvals can be stalled while background checks are processed.   This is having the largest impact on those being background screened with common names.

What can I do to expedite my background check with Accurate in California?

Unfortunately, given the constraints, Accurate and all Consumer Reporting Agencies are pulling additional identifying information directly from the courts , therefore we cannot expedite the process. However, unlike many in our industry, we have implemented innovative methods to optimize our process as best we can to eliminate potential criminal history matches from the start so your organization is not waiting on results that we know don’t belong to your candidate even when a name match may indicate a possible match.

What is the future of background checks in California?

The future is uncertain. Efforts are underway to address the issue and work with the counties to find creative ways to ensure accuracy of the background screening process while improving efficiency and turnaround time.  Meanwhile, different counties are adopting varying approaches.

By staying informed and adapting your approach, you can navigate this challenging landscape and hopefully get the green light sooner.

If you’re an Accurate client looking for more information, please contact your account manager or us here.

The foregoing commentary is not offered as legal advice but is instead offered for informational purposes. Accurate Background is not a law firm and does not offer legal advice.  The foregoing commentary is therefore not intended as a substitute for the legal advice of an attorney knowledgeable of the user’s individual circumstances or to provide legal advice. Accurate Background makes no assurances regarding the accuracy, completeness, currency, or utility of the following information. [Regulatory developments and impacts are continuing to evolve in this area.]