In February 2024, Los Angeles County courts in California implemented a significant change by redacting dates of birth from public criminal court case search results. This move aims to enhance privacy and reduce identity theft risks but negatively impacts investigators and the attorneys they are working for. This change has profound implications for attorneys who rely on these records for legal research and case preparation. With criminal court record search results often only including a date of birth as a corresponding identifier to eliminate irrelevant search results, this change makes accurate criminal record research much more complex and time consuming.
Attorneys should be aware that this policy change in Los Angeles is part of a broader trend where court jurisdictions throughout the US have implemented similar changes or are evaluating related measures to protect personal information. This shift towards increased privacy can create challenges for legal professionals who need accurate and complete data to build their cases.
To mitigate the impact of these changes, investigators and legal professionals are taking several steps:
- Utilizing Multiple Sources: Diversify the sources of information. If a primary database no longer provides complete information, look for secondary databases, local courthouse records, or other public records that might still offer access to necessary details.
- Developing Relationships with Court Personnel: Building good relationships with court clerks and other personnel can be invaluable. They can provide insights and guidance on accessing necessary information through alternative means.
- Staying Informed: Keep abreast of changes in public access policies across different jurisdictions. Industry sources for legal updates can provide timely information on policy changes that affect access to court records.
- Software: Invest in advanced legal research tools and software that aggregate data from multiple jurisdictions. These tools often have mechanisms to cross-reference and verify information, even when some data points are redacted.
- Requesting Court Orders for Access: In some cases, attorneys might need to request specific court orders to access redacted information for legitimate legal purposes. Being prepared to articulate the necessity of this information for legal proceedings can be crucial.
What more can you do?
1. Work with an investigator that is well versed on court record research and has to the knowledge, tools and methods to gather data efficiently.
2. Contact the court administrators, your local representatives, local news outlets and share how these changes are or may impact your business, your customers, and public safety
3. Contact your industry trade association and push get them engaged
While the trend towards increased privacy is likely to continue, proactive steps can help attorneys navigate these changes effectively, ensuring they still have access to the critical information needed for their cases.