Trust starts with accurate, accessible information. For Consumer Reporting Agencies (CRAs), employers, and the businesses they support, legislative changes can affect how verifiable people data is accessed, used, and maintained.
The Professional Background Screening Association (PBSA) continues to monitor state-level developments that may impact background screening operations, data access, and compliance obligations. Below is a summary of three recent updates PBSA has flagged in Virginia, California, and Colorado.
This summary is for informational purposes only and should not be considered legal advice. Businesses should consult their legal counsel to understand how these developments may apply to their specific operations.
Virginia: Sealing implementation and business screening service requirements
Virginia’s criminal record sealing framework is scheduled to take effect on July 1, 2026. The Virginia State Crime Commission has reported that automatic and petition-based sealing processes are on schedule for implementation, including sealing for certain misdemeanor convictions, marijuana offenses, non-convictions, traffic infractions, and certain petition-based matters.
Virginia Code § 19.2-392.16 provides for registration with the Virginia State Police (VSP) to receive electronic notifications of sealing orders. The statute also limits how those notifications may be used and requires business screening services to maintain procedures for deleting or suppressing sealed records, handling disputes, and supporting data accuracy.
PBSA has highlighted concern over the current annual licensing fee associated with access to the sealing notification process. VSP information currently lists an annual licensing fee of $30,000 per account for approved business screening service agencies. PBSA reports that it is actively engaged with state officials and industry partners to pursue a solution before the fee becomes effective.
Why it matters: Accurate screening depends on access to current, verifiable records and clear procedures for removing records that are no longer reportable. Businesses, data providers, researchers, and CRAs should monitor this issue closely and consult counsel to determine whether and how the requirements apply to their operations.
California: Continued efforts to restore date-of-birth access
California remains a priority for PBSA, particularly the ongoing effort to restore access to date-of-birth information for background screening purposes.
This issue stems from the 2021 All of Us or None v. Hamrick decision, in which the California Court of Appeals concluded that California Rule of Court 2.507 prohibits public searches of an electronic criminal index by date of birth or driver’s license number. Since then, date-of-birth restrictions have created challenges for background screening providers working to accurately match records to the right person.
PBSA reports that it has received confirmation from Assemblyman Mark Gonzalez that he will sponsor AB817, an existing bill PBSA is working to advance with date-of-birth restoration language.
PBSA may issue a future call to action asking members to engage clients and end users, particularly those hiring in California, to support the bill. For now, PBSA is asking members to stay prepared and wait for formal guidance before beginning outreach.
Why it matters: Date of birth is a key identifier that helps screening providers match records to the right person. When access is limited, background checks can become slower, more manual, and less predictable for CRAs, employers, and candidates. Restoring appropriate access would help support more accurate results, better turnaround times, and more consistent hiring workflows.
Colorado: Automated decision-making rules delayed and revised
Colorado has also seen significant movement around automated decision-making technology in employment and other consequential decisions.
In 2024, Colorado enacted SB 24-205, which created consumer protections related to artificial intelligence systems. SB 25B-004 later extended the effective date of those requirements to June 30, 2026. Colorado has now enacted SB 26-189, which repeals and reenacts those provisions with a revised framework for automated decision-making technology, or ADMT. The new law is scheduled to take effect on January 1, 2027.
The updated law defines ADMT as technology that processes personal data and uses computation to generate outputs, including predictions, recommendations, classifications, rankings, or scores, that are used to make or assist decisions about individuals. It applies to consequential decisions involving areas such as employment, education, housing, financial services, insurance, health care, and essential government services.
PBSA reports that the revised version is a meaningful improvement over the earlier framework, while noting that additional “cleanup” legislation may be forthcoming.
Why it matters: Automated tools are increasingly part of business workflows, including hiring and risk-related decisions. Clear, practical rules help businesses understand their responsibilities while supporting transparency, accuracy, and human oversight.
Staying informed as requirements evolve
We appreciate PBSA’s continued leadership in keeping the industry informed as legislative and regulatory issues evolve. Their Government Relations Committee plays an important role in monitoring, engaging on, and advocating around the issues that affect background screening, people data, and the businesses that rely on both.
At InformData, staying current on these developments is a priority. Our focus is to help CRAs and businesses keep programs and workflows moving with as little disruption as possible, while supporting the long-term consistency, scalability, and reliability their operations require.
As access rules, reporting requirements, and technology regulations continue to change, we remain committed to helping our partners move forward with confidence, grounded in accurate, verifiable people data and practical solutions built for real-world workflows.
For real-time updates and member resources, visit PBSA’s Government Relations resources and follow PBSA communications directly.