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Los Angeles, California, The Superior Court Makes Shocking Announcement

04 Apr

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Update Applicable to:Effective date
All employers in California who do background checks, or use the serviceFebruary 26, 2024


What happened?

On Tuesday, February 20, 2024, the Superior Court of Los Angeles County announced changes in how records are searched for background check purposes. This applies to courthouse kiosks, clerks’ offices, and websites.


What are the details?

Background check companies, also known as “consumer reporting agencies,” rely on searching for criminal background checks in California state courts and other locations. Starting February 26, 2024, the County will no longer include even a partial date of birth as a criterion in its criminal name search engines.

Companies and employers can expect delays and “unperformable search” results if the subject of the background check report has a common name.

Employer decision-making may need to reassess their risk tolerance, given that not all background checks in Los Angeles can be completed. This impact will vary depending on the industry and job role.


Business Considerations

  • Update your practices and procedures regarding background check timeframes.
  • Be more vigilant, as an increased risk of more false positives or people “falling through the cracks” will be far more feasible.
  • As expressed above, expect more delays. It is a good opportunity to review your employment process to incorporate these changes.
  • Review your risk tolerance to work out proper solutions that suit your business.


Resources


Source References

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This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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