California is experiencing significant delays in background check processing, impacting employers, landlords, and job seekers. These delays are mostly due to a 2021 court ruling that has led some courts, including in Los Angeles County, to restrict access to crucial personal information like dates of birth and driver’s license numbers in public records. This restriction complicates the process for background check companies, especially in areas with large populations and common names, leading to extended wait times for background checks.
Consumer Reporting Agencies are required by the Federal Fair Credit Reporting Act to ensure accuracy in their reports, but the lack of detailed information is making this challenging. Additionally, guidance from the Equal Employment Opportunity Commission (EEOC) on how to consider criminal history in employment decisions makes the situation more challenging.
Efforts to resolve these issues through legislation have so far been unsuccessful, and varying practices across counties could lead to a patchwork of background check procedures in California.
To manage these delays, it is recommended that employers and landlords adjust their hiring and screening timelines, and keep candidates informed about potential delays. The future of background checks in California remains uncertain as stakeholders continue to seek solutions to improve both accuracy and processing times.
