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California LiveScan will be the state run method administered by the California Division of Justice for criminal background checks and is available only on workers whose work 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 obtainable for employers. All school teachers, public and private, recreational workers and nursing home workers should be LiveScaned.

Church pastors and nursery workers are also eligible to utilize the plan. Most churches use LiveScan if they currently use it for their affiliated church college. Organizations who use this plan send their applicants that have 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, hence the name) submits the applicant's data online for the state exactly where a statewide criminal verify is performed and, if chosen by the organization ordering the report, a nationwide NCIC (FBI files) verify is performed. The resulting details is then sent towards the participating organization.

This system is among the very best in the within the country, but the goal of this short article would be to point out that it does have what I contemplate to be significant flaws that very few individuals know about. I think that it is very important, specifically for parents, to know the system's limitations in hopes that someday the state will tighten the loopholes and much more youngsters will probably be protected.

The LiveScan system places strict limitations on what info is available and how that info is distributed. The criminal history report is sent towards the organization's Records Custodian, which may or may not be the individual producing the hiring decision and in bigger organizations it us generally not the identical person. The Records custodian is only permitted to tell the particular person making the hiring decision that the person has passed or failed the LiveScan. They don't even get to understand why that person has failed the background verify.

SURPRISING Fact # 1. CALIFORNIA Live SCAN Does not 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 2. Sex Offenders 3. Convictions or incarcerations inside the final 10 years as a result of committing: theft, robbery burglary or any felony.

Now, on its face the list above appears pretty great, but let's go more than a few of the crimes that it does not cover and as we undergo the list make an effort to think about your child's nanny or her Sunday school teacher engaged in these crimes. Here's a partial list: Assault, Accessory to a crime, Aiding and abetting, Negative verify writing, Carrying a gun without 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 before I'd employ somebody to perform with youngsters I believe I'd want to know if they're a pot-smoking, bar-fighting drunk-in-public sort individual. Many people would agree.

SURPRISING Reality # 2. LIVESCAN Does not Verify FOR ANY CIVIL RECORDS. OK possibly now you are thinking that this California LiveScan doesn't cover as a lot as you thought and also you would be appropriate. In addition, it doesn't cover any civil court rulings against a person such as Restraining orders, Non-molestation orders, Order for Protection and Injunctions (for issues such as stalking). You don't believe that is very important? The Family members Violence Prevention Fund estimates that up to 3 million ladies would be the victims of domestic violence each year and restraining orders are 1 important way that they are able to shield themselves.

SURPRISING Reality # 3 LIVESCAN Doesn't Check THE CALIFORNIA SEX OFFENDER REGISTRY (also called the Megan's Law registry). THE PRECEEDING SENTENCE Is not A MISPRINT; It really is Correct! You are able to verify this by calling the California Division of Justice and asking them. Their number is 916 227-4974. By now you might be probably asking oneself, "How on the planet can this be true? A state method designed to safeguard kids doesn't even verify for drug offenders, wife beaters and sex offenders? That's unconscionable!" Even as I create this I discover it hard to believe myself. It does not even verify the Megan's Law list for sex offenders that have moved to California from an additional state that are required to register.

BUT WAIT; There is Much more. You will find even two a lot more region that LiveScan will not verify or report. When it searches criminal records, it only searches records where an individual was fingerprinted. For a minor, non-violent crime people are at times issued a notice to seem, just like a visitors ticket. Individuals who're arrested in that way usually are not fingerprinted. I realize that when big cities do issues like prostitution sweeps that they at times use that method for both the prostitutes and their "clients". Also, if an arrest is identified on someone's criminal history and there isn't any corresponding disposition such as a trial verdict, plea agreement or sentencing information, they withhold the info 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 details, the Division shall suppress that arrest info and offer the authorized agency having a response that no criminal history info exists."

As someone who has been in the background check business for 13 years and the father of two college age daughters, I'd have created the method really differently to say the least. I undoubtedly wouldn't have created in holes large enough to drive a truck by means of and potentially let criminals have access to kids. The more I study this information the much more I am convinced that the State of California is much more interested in protecting the rights of criminals than defending children and the elderly. In all my dozens of conversations with pastors, college administrators and law enforcement folks I've only spoken to one particular person, who was truly conscious of the built-in limitations of the LiveScan system. A lot of people assume that if it's the state-run method then it should be the very best and most complete.

As I was re-researching the information to write this article I also identified that it really is feasible for a person to possess their sex offence crime expunged following serving their sentence, but would still be necessary to be registered as a sex offender. That is one a lot more very convincing reason to check the Megan's Law list.

Once again, if someone was background checking my daughter's teacher, coach, counselor or pastor I'd want a a lot more thorough verify and I count on much better in the State of California on behalf of all youngsters.

THE Option: Most organizations who use LiveScan need to by state law, but if you've a option you should think about a private sector background check from a trustworthy company that offers you all of the criminal information on a county by county basis, checks the civil records, the Megan's Law list and records from any other state where an individual may have lived.

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