California Appellate Decision Will Delay Pre-Employment Background Checks

A California appellate court has issued an opinion, All of Us or None v. Hamrick, which will almost certainly delay the process of obtaining criminal background checks for employers. Criminal background searches are a legal requirement for employers in many industries.Companies performing background checks rely, in part, on searches of criminal case indexes using date of birth and driver’s license number.

In All of Us or None v. Hamrick, a civil rights organization supporting ex-offenders sued the Riverside Superior Court claiming it permitted searches using dates of birth and driver’s license numbers, in violation of California Rule of Court, Rule 2.507.

The trial court threw the case out. But the California Court of Appeal reversed, emphasizing the privacy interests of ex-offenders. While the case was brought against the Riverside Court, it will impact searches of most courts because CRC Rule 2.507 is a statewide law.

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