In April, 2016 the state of Virginia removed the year of birth from all court records. This has caused all potentially adverse records to require court confirmation of the year of birth, leading to turnaround times of 4-6 weeks in some cases. This affects all background screening companies that perform searches in the state of Virginia.
Please note - while slower turnaround times could be a sign of potentially adverse information, it is also potentially clear information. Clients should not infer adverse information or take adverse action simply because a report is taking longer than normal to return.
The situation as it is, is unsustainable for clients, consumers and consumer reporting agencies like Liberty Screening Services. We are working with our partners to fix this issue and requesting that the state of Virginia provide us with the full date of birth, including the year of birth.
Virginia Delegate, Randy Minchew (Member of the House Courts of Justice Committee) and Lobbyist Chip Dicks met with our partners to determine both short-term and long-term resolutions.
- 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 and reinterpret court rule with respect to redaction of the date of birth.
Both possible resolutions will be targeted in order to have the best chance of success. A meeting will be set with 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 of Clerk of Courts.
Clients should wait for a report to be returned before taking adverse action.
Please know that Liberty Screening and other CRAs are working to have the affecting laws amended/re-interpreted.