As part of the California appellate court decision in All of Us or None v. Hamrick, an individual’s date of birth and driver’s license number can no longer identify a criminal defendant in public records. The ruling complicates hiring processes for employers in the state who often use job applicant’s personal information to run criminal background checks. Although the Court of Appeal’s ruling currently only affects Riverside County, Rule 2.507 has already prompted other California courts to remove the DOB information from criminal records.
California employers required to run background checks may face added difficulties determining whether a candidate has a disqualifying criminal conviction. The ruling may cause employers to turn to less reliable information when making hiring decisions. Inaccurate criminal record data could pose a threat to employers who may deny qualified applicants jobs or hire disqualified individuals as a result. Disproving false information would also be more complicated for individuals without the ability to cross-reference a trial court’s electronic index.
The state encourages employers to carefully review background checks and comply with ordinances when determining if an employee or applicant should be disqualified from a job. The California Supreme Court has received amicus letters from numerous trade associations and businesses asking to reverse the ruling.
Many qualified job hopefuls are denied employment due to criminal background checks. If employers misinterpret data from your past convictions, you may face employment rejections. Contact Easy Expunctions for more information about clearing your criminal record before you begin your job search!