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California LiveScan will be the state run system administered by the California Department of Justice for criminal background checks and is available only on workers whose perform consists of functioning with kids, the elderly and disabled. These include law enforcement agencies, public and private schools, non-profit organizations and in-home supportive care agencies. There isn't any other statewide criminal check accessible for employers. All school teachers, public and private, recreational workers and nursing home workers need to be LiveScaned.
Church pastors and nursery workers are also eligible to use the plan. Most churches use LiveScan if they already use it for their affiliated church school. Organizations who use this program send their applicants who've been conditionally hired pending the background verify, to a LiveScan vendor who fingerprints the applicant (the applicant puts their fingerprints on a scanner which electronically scans the fingerprint, therefore the name) submits the applicant's data online for the state exactly where a statewide criminal check is performed and, if chosen by the organization ordering the report, a nationwide NCIC (FBI files) check is performed. The resulting info is then sent towards the participating organization.
This program is one of the greatest inside the in the nation, however the purpose of this short article is always to point out that it does have what I contemplate to become major flaws that extremely handful of individuals know about. I think that it really is very important, especially for parents, to understand the system's limitations in hopes that someday the state will tighten the loopholes and much more youngsters will be protected.
The LiveScan system places strict limitations on what details is accessible and how that information is distributed. The criminal history report is sent towards the organization's Records Custodian, which might or could not be the particular person producing the hiring choice and in larger organizations it us typically not exactly the same particular person. The Records custodian is only allowed to inform the particular person producing the hiring decision that the individual has passed or failed the LiveScan. They do not even get to understand why that particular person has failed the background verify.
SURPRISING Reality # 1. CALIFORNIA Live SCAN Doesn't REPORT ALL CRIMINAL HISTORY The state of California has mandated that only records associated with the following categories are revealed by LiveScan: 1. Crimes relating to child abuse or elder abuse two. Sex Offenders three. Convictions or incarcerations in the final ten years as a result of committing: theft, robbery burglary or any felony.
Now, on its face the list above appears fairly excellent, but let's go over a few of the crimes that it doesn't cover and as we undergo the list try to think about your child's nanny or her Sunday college teacher engaged in these crimes. Here's a partial list: Assault, Accessory to a crime, Aiding and abetting, Poor verify writing, Carrying a gun without having a license, Contempt, Domestic Violence, False impersonation, Medicare fraud, Stalking, Drug possession, Indecent exposure, Misdemeanor Prostitution, Lewd conduct, Disorderly conduct, Disturbing the peace, Vandalism, Trespassing, Malicious mischief, Public drunkenness and also the list goes on. I do not know about you, but just before I would employ somebody to work with kids I feel I would need to know if they're a pot-smoking, bar-fighting drunk-in-public type particular person. Many people would agree.
SURPRISING Truth # two. LIVESCAN Does not Check FOR ANY CIVIL RECORDS. OK maybe now you're considering that this California LiveScan doesn't cover as much as you believed and also you could be appropriate. It also does not cover any civil court rulings against a person including Restraining orders, Non-molestation orders, Order for Protection and Injunctions (for issues like stalking). You don't believe that is important? The Loved ones Violence Prevention Fund estimates that as much as 3 million women would be the victims of domestic violence each year and restraining orders are a single important way that they're able to shield themselves.
SURPRISING Reality # 3 LIVESCAN Doesn't Check THE CALIFORNIA SEX OFFENDER REGISTRY (also known as the Megan's Law registry). THE PRECEEDING SENTENCE Isn't A MISPRINT; It really is True! You can verify this by calling the California Division of Justice and asking them. Their number is 916 227-4974. By now you are probably asking your self, "How in the world can this be correct? A state system created to protect kids doesn't even verify for drug offenders, wife beaters and sex offenders? That's unconscionable!" Even as I create this I find it hard to think myself. It doesn't even check the Megan's Law list for sex offenders who've moved to California from yet another state who are required to register.
BUT WAIT; There's Much more. You will find even two much more location that LiveScan doesn't verify or report. When it searches criminal records, it only searches records where a person was fingerprinted. To get a minor, non-violent crime folks are at times issued a notice to seem, just like a site visitors ticket. Folks who are arrested in that way are not fingerprinted. I realize that when big cities do items like prostitution sweeps that they at times use that method for both the prostitutes and their "clients". Also, if an arrest is found on someone's criminal history and there's no corresponding disposition such as a trial verdict, plea agreement or sentencing information, they withhold the details from you. The following quote is off their website: "Unless otherwise authorized by law, where only an arrest record exists however the Division is unable to acquire corresponding disposition information, the Division shall suppress that arrest details and supply the authorized agency using a response that no criminal history info exists."
As an individual who has been within the background check business for 13 years and the father of two college age daughters, I would have developed the program really differently to say the least. I definitely would not have created in holes huge enough to drive a truck via and potentially let criminals have access to youngsters. The more I study this information the more I am convinced that the State of California is much more considering defending the rights of criminals than protecting youngsters as well as the elderly. In all my dozens of conversations with pastors, school administrators and law enforcement folks I have only spoken to 1 particular person, who was genuinely aware of the built-in limitations from the LiveScan program. Most people assume that if it really is the state-run method then it need to be the most effective and most complete.
As I was re-researching the data to create this short article I also identified that it is feasible for a person to have their sex offence crime expunged right after serving their sentence, but would nevertheless be needed to become registered as a sex offender. That's one much more really convincing reason to verify the Megan's Law list.
Again, if somebody was background checking my daughter's teacher, coach, counselor or pastor I'd want a a lot more thorough verify and I anticipate much better in the State of California on behalf of all children.
THE Alternative: Most organizations who use LiveScan need to by state law, but if you've got a selection you need to consider a private sector background check from a reputable company that gives you all the criminal info on a county by county basis, checks the civil records, the Megan's Law list and records from any other state exactly where an individual might have lived.
References:
certifix live scan map
certifix livescan
