As previously reported, the Michigan Supreme Court ordered for Date of Birth (DOB) to be redacted when releasing court records. The communication discussing this decision can be accessed here.
A recent court order from the Michigan Supreme Court stated that the Court will amend Rule 1.109 to allow authorized entities, who receive valid consent, to access DOB in a court record for the purposes of verifying the identity of an individual. This means that, provided Truescreen receives valid authorization that permits access to a consumer's personal identifying information, Truescreen will be able to access DOB to confirm identity of an individual when considering whether to report a record.
The order sets forth a definition of what constitutes valid consent. The public comment period on this order will be open until April 1, 2022. Additionally, legislative representatives are continuing to push for the passage of HB 5368, which would order the Michigan State Court Administrative Office (SCAO) to display DOB in all court records and inform local courts about their responsibilities under the adopted rule. The bill has been passed by the House and referred to the Senate Judiciary Committee for review. HB 5368 can be accessed here.
While this order provides a method for obtaining DOB within a court record, clients should be aware that courts may respond differently when responding to requests for information. Truescreen will be expected to comply with the standards and requirements set forth by each court. Based on our analysis, we expect to see significant delays in processing Michigan records as courts adjust to this order.
Truescreen will continue to contact clients where additional authorization may be necessary. As more details come to light, we will issue additional communications to clients and sample consent forms, if needed. In the meantime, if you have any questions, please feel free to contact your Account Manager.
Posted: December 8, 2021