California’s Background Check Delays: A Growing Concern

In California, significant delays in processing background checks are impacting employers, landlords, and job seekers. According to a recent article by the Los Angeles Times, these delays stem from a state appellate court ruling more than three years ago that mandated the redaction of dates of birth (DOB) from public records. This ruling, aimed at enhancing privacy protections, has inadvertently created substantial challenges for background screeners and has led to widespread inefficiencies. This blog explores the root cause of these delays, their implications, and potential solutions.

The Court Ruling and Its Consequences

The appellate court ruling was intended to safeguard personal privacy by restricting access to sensitive information like dates of birth in public records. However, this decision has led to several unintended and far-reaching consequences:

1. Increased Ambiguity: Without access to DOB, background screeners must navigate through extensive volumes of records to verify an individual’s criminal history. This has significantly increased the time and effort required to complete background checks.
2. Higher Chance for Errors: The absence of specific identifiers such as DOB has made it more challenging to accurately match records to individuals. This has resulted in a higher chance of a potential mismatch, causing further delays and complications.
3. Extended Processing Times: The additional workload and complexity have led to extended processing times, resulting in delays for employers, landlords, and applicants who rely on timely background checks for hiring and housing decisions.

Implications for Employers and Job Seekers

The delays in background checks have far-reaching implications:

1. Extended Hiring Timelines: Employers are facing longer timelines to onboard new employees, which can disrupt business operations and delay critical projects.
2. Impact on Job Seekers: Job seekers, particularly those in urgent need of employment, face extended waiting periods, which can be stressful and financially burdensome.
3. Rental Approvals: Landlords, property managers and tenants are also affected, as background checks are a crucial part of the tenant approval process. Delays can result in longer vacancy periods, loss of rental income and challenges for tenants in securing housing.

Navigating the Challenges

While these delays present significant challenges, there are steps that businesses and individuals can take to mitigate their impact:

1. Advocate for Legislative Changes: Stakeholders can advocate for legislative changes that balance privacy concerns with the practical needs of background screening. This could include measures that allow the use of identifiers under strict privacy guidelines.
2. Improve Communication: Employers and landlords should keep candidates and applicants informed about the expected timelines and reasons for delays. Clear communication can help manage expectations and reduce frustration.
3. Utilize Professional Services: Partnering with professional background screening companies, like Alliance 2020, can provide more reliable and efficient services. These companies have the expertise and resources to navigate the complexities of the current situation effectively.

Conclusion

The current delays in background checks in California underscore the need for businesses and individuals to adapt and plan proactively. While the appellate court ruling aimed to protect privacy, it has also created significant challenges for the background screening process. Understanding the causes and implementing effective strategies can help mitigate the impact. As we work through these issues, staying informed and flexible is crucial to ensure that the background check process continues to serve its essential purpose of maintaining trust and security in employment and housing.

For more insights and updates on background checks and related services, visit our Alliance 2020 blog.