The Los Angeles County Clerk of Court published a notice that the partial DOB (month and year of birth) will no longer be available via kiosks or the online index effective February 23, 2024, for county criminal records.

Question: What does this mean for our criminal searches in Los Angeles, CA?

Answer: A crucial element of the Fair Credit Reporting Act (FCRA) mandates that consumer reporting agencies maintain both the precision and comprehensiveness of the data they disseminate. By Los Angeles County excluding the month and year of birth from search parameters may compromise the accuracy of the matching process.

We are working with the courts to find other pathways and means to acquire the requisite amount of personally identifiable information to confirm criminal records associated with your candidate such that it complies with local, state, and federal FCRA requirements. This process has become extremely challenging due to these changes. Please know that in the near term, searches we conduct in Los Angeles may lead to significant delays and an inability to perform an adequate search based on the new limits in scope set by the County laws in Los Angeles.

Given the potential for inconclusive background checks in Los Angeles due to missing information, employers might need to reconsider their approach to risk assessment. Depending on their stance on privacy versus the need for reliability in identifying criminal history, they may adjust their strategies. This reassessment can vary significantly across different sectors and roles, particularly for positions that entail close interaction with the public or vulnerable groups. Such roles may necessitate additional, more thorough vetting processes, like fingerprint verification, where permissible.

We understand your desire for thorough and accurate searches; we wish for the same. We highly advise you to contact the local politicians in Los Angeles and the governor of California to push for an exemption to this redaction for pre-employment background screeners.