California Live Scan – A Dangerously Flawed System | NCSI/SSCI
California Live Scan is a state-run system run by the California Department of Justice that is only available to workers who work with children, the elderly, or disabled people, such as law enforcement, public and private schools, non-profit organizations, and in-home supportive care agencies.
SURPRISING FACT # 1. CALIFORNIA LIVE SCAN DOES NOT REPORT ALL CRIMINAL HISTORY
Only records relating to child or elder abuse are released in California, and sex offenders must have been convicted or incarcerated in the previous 10 years as a result of committing theft, robbery, burglary, or any other felony.
SURPRISING FACT # 2.LIVESCAN DOESN’T CHECK FOR ANY CIVIL RECORDS.
Domestic violence affects up to three million women each year, according to the Family Violence Prevention Fund, and restraining orders are one of the most effective ways for women to protect themselves. California Live Scan does not cover civil court rulings against a person, such as non-molestation orders or orders for protection.
SURPRISING FACT # 3.LIVESCAN DOES NOT CHECK THE CALIFORNIA SEX OFFENDER REGISTRY (Also Known As The Megan’s Law Registry).
LiveScan does not check criminal records for drug offenders, wife beaters, or sex offenders, nor does it check the Megan’s Law list for sex offenders who have moved to California from another state. If an arrest is found on someone’s criminal history but no corresponding disposition, they withhold the information from you.
How far does live scan go back?
How far back does a live scan background check go? LiveScan background checks are supposed to go back seven years, but some employers may find it necessary to conduct a more in-depth investigation of an individual’s background.
What shows up on a live scan background check?
A Live Scan can report all or part of your Summary Criminal History Record, as well as your Federal Record, which is the criminal record maintained by the California Department of Justice.
How far back do DOJ background checks go?
Criminal convictions can only be reported for seven years in California, so employment background checks can only go back that far.
How far back does fingerprint background go?
Employers must follow state laws when conducting employee background checks, many of which prohibit reporting of criminal history information older than seven years; however, an FBI fingerprint check can go back as far as a person’s record allows.
Will an expunged record show up on a live scan?
It shows everything on your record, even if it’s been expunged, and it’s only supposed to show criminal convictions from the last seven years, unless you’re applying for a job in law enforcement, in which case it may be necessary to dig deeper into your past.
Is live scan the same as a background check?
The government will check submitted fingerprints against its database to retrieve an individual’s criminal record, which is typically required by the state and federal governments for state-issued licenses, employment, or volunteer work.
Do arrests show up on a background check or just convictions?
Criminal background checks will reveal felony and misdemeanor criminal convictions, as well as any pending criminal cases and any history of adult incarceration. Arrests that did not result in convictions may appear in some background checks; GoodHire excludes them from its screenings to comply with EEOC guidelines.
Can I get a live scan for myself?
Is it necessary to make an appointment for a live scan or can I just walk in? Walk-ins are welcome during our regular business hours, Monday through Friday from 9 a.m. to 7 p.m., and you will be live scanned on a first come, first served basis.
Which states follow the 7-year rule background checks?
California, Colorado, Kansas, Maryland, Massachusetts, Montana, Nevada, New Hampshire, New Mexico, New York, Texas, and Washington are among the states that have a seven-year reporting restriction for convictions. [In some of these states, the seven-year reporting restriction for convictions only applies if the applicant does not meet a certain salary threshold.]
What is the California 7-year rule?
Criminal convictions can only be reported for seven years in California unless another law requires employers to look further into your background.
What is the 7-year rule for background checks?
All civil suits, civil judgments, arrest records, and paid tax liens can’t be reported in a background investigation (or other consumer report) after 7 years, according to the 7-year rule.
What states go back 10 years on background checks?
Some states, however, allow background check companies to share information from up to ten years ago, including convictions, felonies, and misdemeanors. These states include:
- New York.
What disqualifies you from getting a fingerprint clearance card?
Upon arrest for the following crimes, with NO GOOD CAUSE EXCEPTION AVAILABLE, fingerprint clearance cards are suspended: Sexual abuse of a vulnerable adult. Incest. First or second degree murder.