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California LiveScan may be the state run program administered by the California Division of Justice for criminal background checks and is obtainable only on workers whose perform contains functioning with kids, the elderly and disabled. These contain law enforcement agencies, public and private schools, non-profit organizations and in-home supportive care agencies. There isn't any other statewide criminal verify obtainable for employers. All college teachers, public and private, recreational workers and nursing home workers should be LiveScaned.

Church pastors and nursery workers are also eligible to utilize the program. Most churches use LiveScan if they already use it for their affiliated church school. Organizations who use this system 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 towards the state where a statewide criminal verify is performed and, if chosen by the organization ordering the report, a nationwide NCIC (FBI files) check is performed. The resulting information is then sent for the participating organization.

This method is one of the best within the within the country, but the purpose of this short article is always to point out that it does have what I contemplate to be major flaws that very handful of individuals know about. I believe that it's essential, specifically for parents, to know the system's limitations in hopes that someday the state will tighten the loopholes and much more kids will be protected.

The LiveScan program places strict limitations on what details is accessible and how that info is distributed. The criminal history report is sent for the organization's Records Custodian, which may or might not be the person making the hiring selection and in bigger organizations it us typically not exactly the same person. The Records custodian is only permitted to inform the person producing the hiring selection 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 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 kid abuse or elder abuse 2. Sex Offenders three. Convictions or incarcerations within the final ten years as a result of committing: theft, robbery burglary or any felony.

Now, on its face the list above looks quite great, but let's go more than a few of the crimes that it doesn't cover and as we undergo the list make an effort to think of 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 check 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 the list goes on. I don't know about you, but prior to I'd hire somebody to work with kids I think I'd want to know if they're a pot-smoking, bar-fighting drunk-in-public type particular person. A lot of people would agree.

SURPRISING Truth # 2. LIVESCAN Doesn't Verify FOR ANY CIVIL RECORDS. OK possibly now you might be thinking that this California LiveScan does not cover as a lot as you believed and you could be appropriate. Additionally, it does not cover any civil court rulings against an individual like Restraining orders, Non-molestation orders, Order for Protection and Injunctions (for things including stalking). You do not think that is very important? The Loved ones Violence Prevention Fund estimates that up to three million women will be the victims of domestic violence each year and restraining orders are one important way that they can shield themselves.

SURPRISING Reality # three LIVESCAN Does not Verify THE CALIFORNIA SEX OFFENDER REGISTRY (also called the Megan's Law registry). THE PRECEEDING SENTENCE Just isn't A MISPRINT; It's True! You'll be able to verify this by calling the California Division of Justice and asking them. Their quantity is 916 227-4974. By now you are probably asking your self, "How on the planet can this be true? A state system created to shield children doesn't even verify for drug offenders, wife beaters and sex offenders? Which is unconscionable!" Even as I write this I locate it tough to think myself. It doesn't even check the Megan's Law list for sex offenders that have moved to California from another state that are required to register.

BUT WAIT; There's A lot more. You will find even two a lot more region that LiveScan doesn't verify or report. When it searches criminal records, it only searches records exactly where someone was fingerprinted. For a minor, non-violent crime people are sometimes issued a notice to appear, just like a site visitors ticket. Folks that are arrested in that way usually are not fingerprinted. I realize that when large cities do issues like prostitution sweeps that they sometimes use that method for both the prostitutes and their "clients". Also, if an arrest is found 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, exactly where only an arrest record exists however the Division is unable to get corresponding disposition information, the Division shall suppress that arrest information and offer the authorized agency having a response that no criminal history info exists."

As an individual who has been in the background verify business for 13 years and also the father of two college age daughters, I would have developed the program very 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 youngsters. The more I study this details the a lot more I'm convinced that the State of California is more interested in guarding the rights of criminals than guarding children as well as the elderly. In all my dozens of conversations with pastors, school administrators and law enforcement individuals I have only spoken to a single person, who was genuinely aware of the built-in limitations of the LiveScan method. Many people assume that if it is the state-run program then it should be the most effective and most full.

As I was re-researching the data to write this article I also discovered that it really is possible for somebody to possess their sex offence crime expunged after serving their sentence, but would still be required to be registered as a sex offender. That is one more very convincing cause to verify the Megan's Law list.

Once again, if a person was background checking my daughter's teacher, coach, counselor or pastor I would want a much more thorough check and I count on far better in the State of California on behalf of all kids.

THE Option: Most organizations who use LiveScan need to by state law, but if you've a choice you need to consider a private sector background verify from a respected 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 exactly where an individual might have lived.

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