TMA Joins in Appealing CA Background Check Legislation

On July 15th, TMA joined a diverse group of over 20 trade associations and businesses in signing on to an amicus letter to the California Supreme Court, requesting that the Court reverse a lower court decision on a background check decision.

If left standing, this decision would render most employment in the state severely delayed, and in many cases, they will no longer be possible at all. The amicus effort was led by the Consumer Data Industry Association (CDIA) and the Professional Background Screening Association (PBSA).

On May 26, 2021, the California Court of Appeals, 4th A.D (starting from Riverside County) called for the removal of significant identifiers (date of birth or driver’s license number) from criminal records.

Why is TMA involved?

You, our members, as well as others in our industry, protect people’s lives and property. Every day, businesses and families in California, as well in other states, trust that the people working in our industry are reputable and trustworthy people. Anything that would hamper our members’ abilities to conduct background checks could cause irreparable harm to our members’ customers. Drivers’ licenses are the most commonly used form of identification. Removing date of birth and driver’s license numbers as data identifying criminal defendants will handicap you and background check companies from being able to have a complete picture of an individual and be able to screen out those who should not be entrusted with people’s lives and property.

There is not likely a certain date by which the Court will decide to accept, or reject, the request. If that changes, TMA will alert you. In the event that the Court decides not to take this case, CDIA and PBSA will coordinate a strategy to seek redress by different means. That work will again require a large coalition of support.

View the full list of signatories on TMA’s website at https://tma.us/tma-joins-in-appealing-harsh-ca-background-check-legislation/

If you have any questions, please contact TMA Executive Director Celia T. Besore at cbesore@tma.us or (703) 660-4913.

Amicus signatories included:

  • California Bankers Association
  • California Chamber of Commerce
  • California Credit Union League
  • California Financial Services Association
  • Checkr, Inc.
  • Coalition for Sensible Public Records Access
  • Electronic Security Association
  • Lyft, Inc.
  • Moco Incorporated
  • National Consumer Reporting, Association
  • National Public Records Research Association
  • Public Records Retrieval Network
  • Security Industry Association
  • Southern California Rental Housing Association
  • Sue Weaver CAUSE: Commit to Always Using Screened Employees
  • The Monitoring Association
  • Tribal Gaming
  • Protection Network
  • Uber Technologies, Inc.
  • Vector Security, Inc.
  • Western Burglar Alarm and Fire Alarm Association.
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