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California LiveScan may be the state run program administered by the California Department of Justice for criminal background checks and is accessible only on workers whose perform contains 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 is no other statewide criminal check 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 use the system. Most churches use LiveScan if they already use it for their affiliated church college. Organizations who use this plan 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, therefore the name) submits the applicant's data online to 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 info is then sent to the participating organization.

This system is one of the best in the inside the nation, however the objective of this article is to point out that it does have what I consider to be main flaws that very handful of folks know about. I believe that it's very important, specifically for parents, to understand the system's limitations in hopes that someday the state will tighten the loopholes and more children will probably be protected.

The LiveScan system areas strict limitations on what details 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 particular person producing the hiring decision and in bigger organizations it us typically not exactly the same person. The Records custodian is only allowed to tell the individual creating the hiring decision 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 Will 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 youngster abuse or elder abuse 2. Sex Offenders 3. Convictions or incarcerations inside the final ten years because of committing: theft, robbery burglary or any felony.

Now, on its face the list above looks fairly excellent, but let's go over a number of the crimes that it doesn't cover and as we go through the list make an effort to think of your child's nanny or her Sunday college teacher engaged in these crimes. Here's a partial list: Assault, Accessory to a crime, Aiding and abetting, Negative check writing, Carrying a gun with out 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 don't know about you, but before I'd employ someone to work with youngsters I feel I'd want to know if they may be a pot-smoking, bar-fighting drunk-in-public kind particular person. A lot of people would agree.

SURPRISING Reality # two. LIVESCAN Does not Check FOR ANY CIVIL RECORDS. OK perhaps now you are considering that this California LiveScan does not cover as significantly as you thought and you would be right. 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 don't believe that is important? The Family Violence Prevention Fund estimates that up to 3 million females would be the victims of domestic violence annually and restraining orders are 1 essential way that they are able to shield themselves.

SURPRISING Reality # 3 LIVESCAN Does not Verify THE CALIFORNIA SEX OFFENDER REGISTRY (also called the Megan's Law registry). THE PRECEEDING SENTENCE Isn't A MISPRINT; It's True! You are able to verify this by calling the California Division of Justice and asking them. Their quantity is 916 227-4974. By now you might be most likely asking oneself, "How on the planet can this be accurate? A state system created to safeguard kids doesn't even check for drug offenders, wife beaters and sex offenders? Which is unconscionable!" Even as I create this I locate it tough to believe myself. It doesn't even verify the Megan's Law list for sex offenders who have moved to California from an additional state that are necessary to register.

BUT WAIT; There's Much more. You'll find even two much more area that LiveScan will not check or report. When it searches criminal records, it only searches records where a person was fingerprinted. For any minor, non-violent crime folks are occasionally issued a notice to seem, just like a traffic ticket. Folks who're arrested in that way aren't fingerprinted. I understand that when huge cities do issues like prostitution sweeps that they at times use that technique for each the prostitutes and their "clients". Also, if an arrest is discovered 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, where only an arrest record exists however the Department is unable to obtain corresponding disposition details, the Department shall suppress that arrest info and offer the authorized agency using a response that no criminal history details 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 developed the program extremely differently to say the least. I certainly wouldn't have developed in holes large sufficient 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 much more thinking about protecting the rights of criminals than guarding kids and the elderly. In all my dozens of conversations with pastors, college administrators and law enforcement folks I've only spoken to 1 individual, who was really aware of the built-in limitations in the LiveScan method. Most people assume that if it really is the state-run program then it need to be the best and most total.

As I was re-researching the data to write this short article I also discovered that it is achievable for a person to have their sex offence crime expunged after serving their sentence, but would nevertheless be required to become registered as a sex offender. Which is one much more very convincing purpose to check the Megan's Law list.

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

THE Alternative: Most organizations who use LiveScan need to by state law, but if you've got a option you should think about a private sector background check from a reputable company that gives you all of the criminal details on a county by county basis, checks the civil records, the Megan's Law list and records from any other state where a person might have lived.

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