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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 obtainable only on workers whose work includes functioning 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 is no other statewide criminal verify obtainable 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 system. Most churches use LiveScan if they currently use it for their affiliated church college. Organizations who use this system 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 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 details is then sent towards the participating organization.

This system is among the best within the within the country, however the goal of this short article is always to point out that it does have what I think about to become significant flaws that extremely few people know about. I believe that it really is very important, particularly for parents, to understand the system's limitations in hopes that someday the state will tighten the loopholes and much more kids will probably be protected.

The LiveScan program areas strict limitations on what info is obtainable and how that information is distributed. The criminal history report is sent for the organization's Records Custodian, which may or may not be the person producing the hiring decision and in larger organizations it us typically not exactly the same individual. The Records custodian is only permitted to inform the person producing the hiring selection that the particular person has passed or failed the LiveScan. They do not even get to understand why that individual has failed the background check.

SURPRISING Reality # 1. CALIFORNIA Reside 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 child abuse or elder abuse two. Sex Offenders 3. Convictions or incarcerations in the final ten years as a result of committing: theft, robbery burglary or any felony.

Now, on its face the list above appears pretty great, but let's go more than a number of the crimes that it doesn't cover and as we undergo the list make an effort to consider 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, Poor 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 do not know about you, but prior to I'd employ somebody to work with children I feel I'd need to know if they may be a pot-smoking, bar-fighting drunk-in-public sort individual. Most people would agree.

SURPRISING Fact # two. LIVESCAN Doesn't Verify FOR ANY CIVIL RECORDS. OK possibly now you are pondering that this California LiveScan does not cover as a lot as you believed and you will be appropriate. In addition, it doesn't cover any civil court rulings against a person such as Restraining orders, Non-molestation orders, Order for Protection and Injunctions (for items including stalking). You don't believe that is important? The Family members Violence Prevention Fund estimates that as much as three million ladies are the victims of domestic violence annually and restraining orders are one crucial way that they can safeguard themselves.

SURPRISING Reality # 3 LIVESCAN Will not Verify THE CALIFORNIA SEX OFFENDER REGISTRY (also called the Megan's Law registry). THE PRECEEDING SENTENCE Isn't A MISPRINT; It is Accurate! You'll be able to confirm this by calling the California Department of Justice and asking them. Their number is 916 227-4974. By now you are most likely asking yourself, "How in the world can this be accurate? A state method developed to protect youngsters doesn't even check for drug offenders, wife beaters and sex offenders? That is unconscionable!" Even as I write this I discover it difficult to believe myself. It doesn't even verify the Megan's Law list for sex offenders that have moved to California from yet another state that are needed to register.

BUT WAIT; There's Much more. You'll find even two much more region that LiveScan will not check or report. When it searches criminal records, it only searches records where an individual was fingerprinted. For any minor, non-violent crime folks are sometimes issued a notice to appear, just like a site visitors ticket. People who're arrested in that way are not fingerprinted. I realize that when big cities do items like prostitution sweeps that they sometimes use that method for both the prostitutes and their "clients". Also, if an arrest is identified on someone's criminal history and there is no corresponding disposition such as a trial verdict, plea agreement or sentencing details, they withhold the information from you. The following quote is off their website: "Unless otherwise authorized by law, where only an arrest record exists but the Division is unable to obtain corresponding disposition information, the Division shall suppress that arrest info and supply the authorized agency having a response that no criminal history information exists."

As a person who has been inside the background verify business for 13 years and also the father of two college age daughters, I would have developed the system very differently to say the least. I certainly wouldn't have designed in holes large sufficient to drive a truck through and potentially let criminals have access to kids. The a lot more I study this information the a lot more I'm convinced that the State of California is more thinking about protecting the rights of criminals than defending kids and the elderly. In all my dozens of conversations with pastors, school administrators and law enforcement people I've only spoken to one person, who was truly aware of the built-in limitations of the LiveScan method. Most people assume that if it's the state-run program then it must be the very best and most full.

As I was re-researching the data to write this short article I also identified that it really is achievable 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 a single a lot more really convincing reason to check the Megan's Law list.

Once again, if somebody was background checking my daughter's teacher, coach, counselor or pastor I would want a more thorough check and I anticipate far better from the State of California on behalf of all children.

THE Option: Most organizations who use LiveScan have to by state law, but if you've a option you ought to consider a private sector background check from a reputable company that gives 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 where an individual may have lived.

References:

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