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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 function contains operating with children, 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 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 currently use it for their affiliated church college. Organizations who use this program send their applicants who've 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, hence the name) submits the applicant's information online for the state exactly where a statewide criminal verify is performed and, if selected by the organization ordering the report, a nationwide NCIC (FBI files) verify is performed. The resulting information is then sent for the participating organization.
This program is one of the best within the inside the nation, however the goal of this article is always to point out that it does have what I consider to become main flaws that very handful of people know about. I believe that it is essential, 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 method locations strict limitations on what details is obtainable and how that details 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 choice and in bigger organizations it us typically not the identical person. The Records custodian is only permitted to inform the person making the hiring choice that the individual has passed or failed the LiveScan. They do not even get to understand why that particular person has failed the background check.
SURPRISING Truth # 1. CALIFORNIA Live 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 child 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 appears quite excellent, but let's go more than a number of the crimes that it does not cover and as we go through the list attempt 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, 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 as well as the list goes on. I do not know about you, but before I'd hire somebody to perform with youngsters I think I would want to know if they may be a pot-smoking, bar-fighting drunk-in-public kind person. Most people would agree.
SURPRISING Truth # 2. LIVESCAN Doesn't Verify FOR ANY CIVIL RECORDS. OK maybe now you might be pondering that this California LiveScan does not cover as much as you believed and also you will be correct. In addition, it does not cover any civil court rulings against a person such as Restraining orders, Non-molestation orders, Order for Protection and Injunctions (for issues including stalking). You don't believe that is important? The Family Violence Prevention Fund estimates that as much as three million women would be the victims of domestic violence annually and restraining orders are 1 essential way that they're able to protect themselves.
SURPRISING Reality # 3 LIVESCAN Will not Check THE CALIFORNIA SEX OFFENDER REGISTRY (also called the Megan's Law registry). THE PRECEEDING SENTENCE Isn't A MISPRINT; It is True! You can confirm this by calling the California Department of Justice and asking them. Their number is 916 227-4974. By now you might be most likely asking your self, "How on the planet can this be true? A state method created to protect youngsters does not even verify for drug offenders, wife beaters and sex offenders? That's unconscionable!" Even as I write this I discover it difficult to think myself. It doesn't even verify the Megan's Law list for sex offenders who've moved to California from yet another state who're needed to register.
BUT WAIT; There's A lot more. There are even two much more region that LiveScan will not verify or report. When it searches criminal records, it only searches records exactly where a person was fingerprinted. For any minor, non-violent crime people are sometimes issued a notice to appear, just like a site visitors ticket. Individuals who're arrested in that way aren't fingerprinted. I understand that when large cities do items like prostitution sweeps that they occasionally use that method for each the prostitutes and their "clients". Also, if an arrest is found on someone's criminal history and there is 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, exactly where only an arrest record exists but the Department is unable to obtain corresponding disposition info, the Department shall suppress that arrest info and offer the authorized agency using a response that no criminal history details 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 developed the method very differently to say the least. I certainly wouldn't have designed in holes large sufficient to drive a truck via and potentially let criminals have access to children. The a lot more I study this details the more I am convinced that the State of California is a lot more thinking about protecting the rights of criminals than defending children as well as the elderly. In all my dozens of conversations with pastors, college administrators and law enforcement individuals I've only spoken to 1 particular person, who was really aware of the built-in limitations in the LiveScan method. Most 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 create this article I also discovered that it's possible for a person to possess their sex offence crime expunged after serving their sentence, but would nonetheless be needed to be registered as a sex offender. That's one more really convincing purpose to verify the Megan's Law list.
Again, if a person was background checking my daughter's teacher, coach, counselor or pastor I'd want a a lot more thorough verify and I anticipate better from 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 need to contemplate a private sector background check from a reputable company that offers 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 someone may have lived.
References:
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