Data Redaction in California: Checkr's Advocacy for our Customers

Efficient background checks benefit employers and candidates alike. The more quickly a background check is completed, the faster employers can fill open roles and the faster candidates can begin work.

Since 2021, the redaction of date of birth (DOB) and driver’s license (DL) numbers in California county courts has caused delays in background check results. Learn more about Checkr’s approach to data redactions and how Checkr supports customers through complex policy implementations. 

A 2021 California Court of Appeals decision added hurdles to the background check process, ruling that an individual's DOB and DL number should no longer be used to identify criminal defendants in public records. The decision prompted but did not mandate, courts across California to redact this information from publicly searchable records, including online databases and public-access terminals in courthouses. The decision to redact this information is the decision of individual county courts, including the amount of information redacted. Some courts have decided to redact full DOB and DL, while others have chosen to redact only certain information such as month, date, or year of birth.

Following the California Court of Appeals decision, Checkr’s policy team worked closely with the California legislature to find a solution that allowed background check providers to continue to access full DOB and DL information. While this legislation passed the legislature, Governor Newsom ultimately vetoed it in September 2022, and did not become law. The focus of the Governor’s veto was to “strike a fair balance between public access to court records, public safety, and an individual's constitutional right to privacy.” 

Following the veto, Checkr has continued to work with and educate policymakers in California on the unequal application of this decision, including the disproportionate impact on individuals with common last names and individuals within certain population groups, such as those with Spanish surnames. 

Unfortunately, advocacy efforts from organizations in favor of redaction have become more emboldened, more active, and ultimately successful in moving counties toward redaction following the Court of Appeal ruling and the Governor’s veto. Since April 2024,  redactions have taken place in Los Angeles, Orange, and San Luis Obispo counties. As counties worked towards the implementation of these new data redaction requirements we have seen outages and processing time issues related to novel processes and procedures.

Counties can redact any level of DOB and/or DL information at any time. While this situation is complex, the vast majority of California counties and a significant majority of California's population have already redacted some, if not all, DOB and/or DL information. Checkr has implemented and continues to focus on solutions that best support customers and candidates with quick turnaround times and accurate information.

Checkr believes continued advocacy on the negative impacts related to large-scale data redaction is essential to ensure people can begin work promptly—and continue to work with minimal interruption—regardless of the need to undergo a background check. We are dedicated to continual product modifications and solutions to get people to work quickly and equitably.

We are committed to keeping you informed on this change and how it impacts your background check process. Current Checkr customers can review our date of birth redaction FAQ page for additional information or contact our support team to discuss solutions specific to your account.

The resources and information provided here are for educational and informational purposes only and do not constitute legal advice. Always consult your own counsel for up-to-date legal advice and guidance related to your practices, needs, and compliance with applicable laws.