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California LiveScan will be the state run method administered by the California Department of Justice for criminal background checks and is available only on workers whose work contains functioning with kids, the elderly and disabled. These consist of law enforcement agencies, public and private schools, non-profit organizations and in-home supportive care agencies. There is no other statewide criminal verify obtainable for employers. All school teachers, public and private, recreational workers and nursing home workers must be LiveScaned.

Church pastors and nursery workers are also eligible to make use of the program. Most churches use LiveScan if they already 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, therefore the name) submits the applicant's information online to the state where a statewide criminal check is performed and, if selected 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 greatest in the in the nation, however the goal of this article is always to point out that it does have what I consider to be significant flaws that really handful of people know about. I think that it really is crucial, particularly for parents, to understand the system's limitations in hopes that someday the state will tighten the loopholes and much more kids will be protected.

The LiveScan method areas strict limitations on what info is available and how that details is distributed. The criminal history report is sent for the organization's Records Custodian, which may or could not be the person creating the hiring selection and in bigger organizations it us usually not the same person. The Records custodian is only permitted to tell the individual making the hiring selection that the particular person has passed or failed the LiveScan. They do not even get to know why that particular person has failed the background check.

SURPRISING Truth # 1. CALIFORNIA Live SCAN Does not REPORT ALL CRIMINAL HISTORY The state of California has mandated that only records related to the following categories are revealed by LiveScan: 1. Crimes relating to youngster abuse or elder abuse 2. Sex Offenders three. Convictions or incarcerations inside the final ten years as a result of committing: theft, robbery burglary or any felony.

Now, on its face the list above looks fairly excellent, but let's go more than a number of the crimes that it doesn't cover and as we go through the list try 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, Bad check 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 as well as the list goes on. I don't know about you, but before I would employ someone to perform with kids I believe I'd need to know if they're a pot-smoking, bar-fighting drunk-in-public sort individual. Many people would agree.

SURPRISING Fact # two. LIVESCAN Does not Verify FOR ANY CIVIL RECORDS. OK perhaps now you might be pondering that this California LiveScan does not cover as significantly as you thought and you could be right. It also does not cover any civil court rulings against a person including Restraining orders, Non-molestation orders, Order for Protection and Injunctions (for things like stalking). You don't believe that is important? The Family members Violence Prevention Fund estimates that up to three million ladies will be the victims of domestic violence every year and restraining orders are a single crucial way that they can safeguard themselves.

SURPRISING Truth # three LIVESCAN Will not Check THE CALIFORNIA SEX OFFENDER REGISTRY (also referred to as the Megan's Law registry). THE PRECEEDING SENTENCE Isn't A MISPRINT; It is Correct! You can verify this by calling the California Department of Justice and asking them. Their quantity is 916 227-4974. By now you're most likely asking your self, "How in the world can this be correct? A state program designed to shield kids doesn't even verify for drug offenders, wife beaters and sex offenders? Which is unconscionable!" Even as I write this I discover it hard to think myself. It doesn't even check the Megan's Law list for sex offenders who have moved to California from yet another state who're required to register.

BUT WAIT; There is Much more. There are even two much more region that LiveScan does not verify or report. When it searches criminal records, it only searches records exactly where a person was fingerprinted. To get a minor, non-violent crime folks are occasionally issued a notice to seem, just like a site visitors ticket. People who're arrested in that way usually are not fingerprinted. I understand that when huge cities do items like prostitution sweeps that they sometimes use that technique for both the prostitutes and their "clients". Also, if an arrest is found on someone's criminal history and there's no corresponding disposition including a trial verdict, plea agreement or sentencing info, they withhold the details from you. The following quote is off their website: "Unless otherwise authorized by law, exactly where only an arrest record exists however the Department is unable to acquire corresponding disposition info, the Department shall suppress that arrest details and supply the authorized agency using a response that no criminal history information exists."

As a person who has been in the background verify business for 13 years and the father of two college age daughters, I would have developed the system really differently to say the least. I certainly would not have developed in holes large enough to drive a truck by means of and potentially let criminals have access to youngsters. The much more I study this information the much more I'm convinced that the State of California is more thinking about defending the rights of criminals than guarding youngsters and also the elderly. In all my dozens of conversations with pastors, school administrators and law enforcement people I have only spoken to a single person, who was truly aware of the built-in limitations from the LiveScan method. Most people assume that if it really is the state-run program then it must be the best and most total.

As I was re-researching the information to write this short article I also found that it is feasible for a person to have their sex offence crime expunged following serving their sentence, but would nevertheless be required to be registered as a sex offender. That is 1 a lot more very convincing purpose to verify the Megan's Law list.

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

THE Option: Most organizations who use LiveScan must by state law, but if you have a option you ought to consider a private sector background verify from a reputable company that provides you all of 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 a person may have lived.

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