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California LiveScan is the state run system administered by the California Division of Justice for criminal background checks and is obtainable only on workers whose work includes working with youngsters, 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 verify available for employers. All college teachers, public and private, recreational workers and nursing home workers need to be LiveScaned.

Church pastors and nursery workers are also eligible to utilize the plan. Most churches use LiveScan if they already use it for their affiliated church college. Organizations who use this program send their applicants that have been conditionally hired pending the background check, 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 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 details is then sent towards the participating organization.

This program is among the greatest within the within the nation, but the purpose of this article is to point out that it does have what I contemplate to be significant flaws that really handful of folks know about. I believe that it really is crucial, especially for parents, to know the system's limitations in hopes that someday the state will tighten the loopholes and more youngsters will be protected.

The LiveScan program locations strict limitations on what information is available and how that info is distributed. The criminal history report is sent for the organization's Records Custodian, which could or could not be the person creating the hiring selection and in larger organizations it us usually not exactly the same individual. The Records custodian is only allowed to inform the particular person making the hiring selection that the person has passed or failed the LiveScan. They don't even get to know why that particular person has failed the background verify.

SURPRISING Fact # 1. CALIFORNIA Reside SCAN Doesn't 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 kid abuse or elder abuse 2. Sex Offenders three. Convictions or incarcerations within the last ten years because 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 does not 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, Poor 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 also the list goes on. I do not know about you, but before I'd hire someone to perform with kids I think I would want to know if they may be a pot-smoking, bar-fighting drunk-in-public type individual. Many people would agree.

SURPRISING Fact # 2. LIVESCAN Does not Verify FOR ANY CIVIL RECORDS. OK possibly now you might be thinking that this California LiveScan does not cover as much as you believed and you would be correct. In addition, it does not cover any civil court rulings against an individual including Restraining orders, Non-molestation orders, Order for Protection and Injunctions (for things like stalking). You do not believe that is important? The Loved ones Violence Prevention Fund estimates that up to three million females are the victims of domestic violence annually and restraining orders are a single important way that they're able to shield themselves.

SURPRISING Fact # 3 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 is True! 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 are almost certainly asking oneself, "How on the planet can this be accurate? A state program developed to shield kids does not even verify for drug offenders, wife beaters and sex offenders? Which is unconscionable!" Even as I write this I discover it difficult to believe myself. It does not even check the Megan's Law list for sex offenders that have moved to California from another state that are needed to register.

BUT WAIT; There's A lot more. You'll 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 any minor, non-violent crime people are at times issued a notice to appear, just like a visitors ticket. People who're arrested in that way aren't fingerprinted. I realize that when large cities do things like prostitution sweeps that they sometimes use that technique for each the prostitutes and their "clients". Also, if an arrest is found on someone's criminal history and there's no corresponding disposition like 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 but the Department is unable to get corresponding disposition information, the Department shall suppress that arrest details and provide the authorized agency having a response that no criminal history info exists."

As a person who has been inside the background verify business for 13 years and the father of two college age daughters, I would have created the method extremely differently to say the least. I undoubtedly would not have designed in holes big sufficient to drive a truck by means of and potentially let criminals have access to kids. The a lot more I study this info the much more I'm convinced that the State of California is a lot more interested in protecting the rights of criminals than defending 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 1 particular person, who was really aware of the built-in limitations in the LiveScan system. Many people assume that if it really is the state-run system then it need to be the very best and most complete.

As I was re-researching the information to write this article I also found that it's possible for a person to possess their sex offence crime expunged following serving their sentence, but would nonetheless be required to be registered as a sex offender. That is a single more very convincing reason to verify the Megan's Law list.

Again, if a person was background checking my daughter's teacher, coach, counselor or pastor I would want a more thorough verify and I expect much better from the State of California on behalf of all kids.

THE Alternative: Most organizations who use LiveScan have to by state law, but if you've a option you need to contemplate a private sector background verify from a respected company that offers 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 someone might have lived.

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