In April of this year, Virginia removed Year of Birth from all court records. This is causing all potentially adverse records to require court intervention for verification of Year of Birth, leading to turnaround times of 4-6 weeks. This is affecting all background screening companies performing searches in Virginia.
Please note that potential adverse information is also potential clear information. Clients should not infer adverse information or take action simply because a report is taking a while to return.
backgroundchecks.com, and the background screening industry as a whole, is well aware that the situation as it stands is unsustainable for everyone involved: clients, consumers and consumer reporting agencies. We are working together to fix this issue by having Virginia provide us with full Date of Birth, including Year of Birth.
To that end, we have met with Virginia Delegate Randy Minchew, Member of the House Courts of Justice Committee, and with Lobbyist Chip Dicks to determine our possible short- and long-term resolutions. We have come to the conclusion that our resolutions should be as follows:
- Potential long-term resolution: amend existing Virginia statutes.
- Potential short-term resolution: work with Virginia Supreme Court Office of Executive Secretary (OES) to possibly amend or reinterpret court rule with respect to the redaction of the Date of Birth.
In order to have the best chance of succeeding, we will be working on both possible resolutions. A meeting will be set with the OES for early July with regards to amending/re-interpreting the court rule. A meeting has already been set with Gary Clemens, the Loudoun County, Virginia Chief Clerk of Courts. We are drafting a strategy for the NAPBS Board and Government Relations Committee to take advantage of the NAPBS member base and to possibly initiate a letter writing and phone call campaign. Furthermore, we are willing to escalate this to the Virginia Attorney General and Chief Justice of the Virginia Supreme Court if necessary.What This
Means to You
- This applies to all companies performing background checks in Virginia
- Clients should wait for a report to be returned before taking adverse action.
- backgroundchecks.com and other CRAs are working to have the affecting laws amended/re-interpreted.