California Senate Bill 1262 Vetoed: Background Check Delays Expected

Nov 11, 2022

Quickly and correctly identifying the subject of a background check in public records, typically using birthdates and driver's license numbers, is essential to accurately performing these important screenings in a timely manner. Equally important is protecting individuals' rights to privacy and protection from discrimination, including as a result of criminal background checks. Recent court cases and laws, including Ban the Box and "clean slate" legislation have altered the background screening process in California and other jurisdictions.

What Is California Senate Bill 1262?

A 2021 California court decision (All of Us or None v. Hamrick) essentially blocked the ability to filter court records by birthdates or driver's license numbers, with no exceptions for approved and otherwise compliant background screenings. Limiting these search criteria complicates and delays background check process including by:


  • Making it more challenging to correctly identify individuals with common names in court records
  • Making it possible to incorrectly identify individuals with identical names in court records
  • Slowing down the screening process, particularly for common names in areas with large populations


These delays affect not only employers but also employees who must wait for hiring decisions while background checks are delayed.

California Senate Bill 1262 was introduced in an effort to alleviate these issues by overriding the All of Us or None v. Hamrick decision and returning birthdates and driver's license numbers as searchable fields in California court records

Why Did Governor Newsom Veto SB1262?

Governor Newsom vetoed Senate Bill 1262, arguing that while "this bill may provide for a more convenient process for companies conducting commercial background checks, it would also allow any member of the public to easily access individuals' sensitive personal information online."

How Will the Veto Affect California Background Checks?

Until new legislation or court record filtering options are realized, many background checks which involve California court records will inevitably be delayed. 


At Employers Reference Source, Inc., we have over 30 years of experience providing our customers with timely, professional background checks, typically within 24-72 hours. Please contact us today to take advantage of our full suite of screening and employment solutions.

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