By Gabriel Colon, Legal Investigator and Kelly Cory, President, Keystone Investigative Services, Inc.
California’s legal landscape has recently witnessed significant developments that directly impact the field of background investigations. The Senate Bill 731 (SB 731) passed and the 2021 California Court of Appeal’s decision in All of Us or None of Us v. Hamrick have introduced new challenges for investigative agencies and their law firm and business clients that depend on them for thorough and accurate background investigations. These rulings are causing significant delays in many California county courts, and creating restrictions on accurately reporting criminal records search results entirely.
Keystone Investigative Services recognize the importance of navigating these changes while continuing to deliver useful and exceptional results to you, our clients.
Senate Bill 731: Sealing Criminal Records
Senate Bill 731 will allow almost all old convictions on a person’s criminal record to be permanently sealed. Individuals who have completed their incarceration, probation, parole, or other conviction terms, and have not been convicted of a new felony offense for four years, to have their records sealed. Most arrests after January 1, 1973 can be included in this action. Although this provision does not apply to violent or serious felonies, registered sex offenders, or offenses such as murder, rape, and robbery, all other criminal records will be sealed. Those records include fraud, financial crimes, identity theft, battery as well as other serious crimes.
Sealed criminal records will generally not be accessible to the public, employers, background screening agencies, law firms and more. However, educational institutions, law enforcement agencies, and the Commission on Teachers Credentialing will still have access. Additionally, individuals with sealed records are required to disclose their criminal history when applying for public office. Furthermore, a person’s arrest record can still be used if they are prosecuted for a new offense.
Although this bill was meant as a criminal justice reform bill in employment and housing, it likely will have significant implications on the ability to conduct background investigations in anticipation of litigation, including insurance carries ability to investigative insurance fraud.
Adapting to Senate Bill 731’s Impact
With Senate Bill 731 set to become effective on July 1, 2023, Keystone Investigative Services acknowledges that the process to implement this bill and seal the necessary documents will require time and adjustment by both the courts and researchers given the unprecedented scale of this “clean slate” bill. Keystone is actively working to adapt and ensure the same high-quality investigation results that are the company’s standard. This includes understanding the implications of the new law on background investigations as it unfolds, and communicating effectively with our clients on the capabilities and restrictions for this type of research.
Hamrick Case Decision’s Impact on Background Investigations
The California Court of Appeal’s decision in the 2021 case All of Us or None of Us v. Hamrick has added another layer of complexity to the background investigation process. The court ruled that court clerks must redact personal identifying information (PII), including dates of birth and Driver’s License numbers, from court records to comply with California Court Rule 2.507. While this decision aims to protect personal information, it poses challenges for investigators who rely on personal identifiers to accurately verify criminal records to distinguish individuals with similar names. This ruling will also go into effect July 1, 2023.
We recognize that these legal developments significantly impact the legal process and investigations. Limitations on electronic access to court records will require more frequent visits to courthouses to obtain full case details and to verify initial research with clerks, which can lead to increased turnaround time and higher costs. Furthermore, challenges faced with this type of research are exacerbated by understaffed courthouses that remain backlogged since the Covid-19 pandemic.
Keystone’s Commitment to Professional & Accurate Investigations
Despite these challenges, Keystone Investigative Services remains unwavering in its commitment to delivering exceptional services and continuously improving its investigative products for clients. We will continue to communicate with our clients as these laws go into effect, and provide updates on the process as the new research capabilities unfold.
Learn more about Keystone Investigative Services, Inc. at www.keystoneis.com.