California LiveScan is the state run system administered by the California Department of Justice for prison background checks and is offered solely on staff whose work consists of working with youngsters, the aged and disabled. These embrace legislation enforcement companies, private and non-private faculties, non-profit organizations and in-home supportive care companies. There is not any different statewide prison examine obtainable for employers. All faculty academics, private and non-private, leisure staff and nursing dwelling staff have to be LiveScaned.
Church pastors and nursery staff are additionally eligible to make use of this system. Most church buildings use LiveScan in the event that they already use it for his or her affiliated church faculty. Organizations who use this program ship their candidates who’ve been conditionally employed pending the background examine, to a LiveScan vendor who fingerprints the applicant (the applicant places their fingerprints on a scanner which electronically scans the fingerprint, therefore the identify) submits the applicant’s knowledge on-line to the state the place a statewide prison examine is carried out and, if chosen by the group ordering the report, a nationwide NCIC (FBI recordsdata) examine is carried out. The ensuing info is then despatched to the taking part group.
This system is likely one of the greatest within the within the nation, however the goal of this text is to level out that it does have what I contemplate to be main flaws that only a few individuals find out about. I feel that it is rather vital, particularly for folks, to know the system’s limitations in hopes that sometime the state will tighten the loopholes and extra youngsters will likely be protected.
The LiveScan system locations strict limitations on what info is offered and the way that info is distributed. The prison historical past report is shipped to the group’s Records Custodian, which can or is probably not the particular person making the hiring choice and in bigger organizations it us often not the identical particular person. The Records custodian is barely allowed to inform the particular person making the hiring choice that the particular person has handed or failed the LiveScan. They do not even get to know why that particular person has failed the background examine.
SURPRISING FACT # 1. CALIFORNIA LIVE SCAN DOES NOT REPORT ALL CRIMINAL HISTORY The state of California has mandated that solely data associated to the next classes are revealed by LiveScan: 1. Crimes regarding little one abuse or elder abuse 2. Sex Offenders 3. Convictions or incarcerations within the final 10 years on account of committing: theft, theft housebreaking or any felony.
Now, on its face the checklist above appears fairly good, however let’s go over among the crimes that it would not cowl and as we undergo the checklist attempt to think about your kid’s nanny or her Sunday faculty instructor engaged in these crimes. Here’s a partial checklist: Assault, Accessory to a criminal offense, Aiding and abetting, Bad examine writing, Carrying a gun with no license, Contempt, Domestic Violence, False impersonation, Medicare fraud, Stalking, Drug possession, Indecent publicity, Misdemeanor Prostitution, Lewd conduct, Disorderly conduct, Disturbing the peace, Vandalism, Trespassing, Malicious mischief, Public drunkenness and the checklist goes on. I do not find out about you, however earlier than I might rent somebody to work with youngsters I feel I might wish to know if they’re a pot-smoking, bar-fighting drunk-in-public kind particular person. Most individuals would agree.
SURPRISING FACT # 2. LIVESCAN DOESN’T CHECK FOR ANY CIVIL RECORDS. OK perhaps now you might be considering that this California LiveScan would not cowl as a lot as you thought and you’ll be appropriate. It additionally would not cowl any civil court docket rulings in opposition to an individual resembling Restraining orders, Non-molestation orders, Order for Protection and Injunctions (for issues resembling stalking). You do not assume that’s vital? The Family Violence Prevention Fund estimates that as much as three million girls are the victims of home violence every year and restraining orders are one vital manner that they will defend themselves.
SURPRISING FACT # Three LIVESCAN DOES NOT CHECK THE CALIFORNIA SEX OFFENDER REGISTRY (also called the Megan’s Law registry). THE PRECEEDING SENTENCE IS NOT A MISPRINT; IT’S TRUE! You can confirm this by calling the California Department of Justice and asking them. Their quantity is 916 227-4974. By now you might be in all probability asking your self, “How in the world can this be true? A state system designed to protect children doesn’t even check for drug offenders, wife beaters and sex offenders? That is unconscionable!” Even as I write this I discover it laborious to imagine myself. It would not even examine the Megan’s Law checklist for intercourse offenders who’ve moved to California from one other state who’re required to register.
BUT WAIT; THERE’S MORE. There are even two extra space that LiveScan doesn’t examine or report. When it searches prison data, it solely searches data the place an individual was fingerprinted. For a minor, non-violent crime individuals are generally issued a discover to seem, similar to a site visitors ticket. People who’re arrested in that manner usually are not fingerprinted. I perceive that when huge cities do issues like prostitution sweeps that they generally use that technique for each the prostitutes and their “clients”. Also, if an arrest is discovered on somebody’s prison historical past and there’s no corresponding disposition resembling a trial verdict, plea settlement or sentencing info, they withhold the knowledge from you. The following quote is off their web site: “Unless otherwise authorized by law, where only an arrest record exists but the Department is unable to obtain corresponding disposition information, the Department shall suppress that arrest information and provide the authorized agency with a response that no criminal history information exists.”
As an individual who has been within the background examine enterprise for 13 years and the daddy of two faculty age daughters, I might have designed the system very otherwise to say the least. I definitely wouldn’t have designed in holes large enough to drive a truck by and doubtlessly let criminals have entry to youngsters. The extra I examine this info the extra I’m satisfied that the State of California is extra interested by defending the rights of criminals than defending youngsters and the aged. In all my dozens of conversations with pastors, faculty directors and legislation enforcement individuals I’ve solely spoken to at least one particular person, who was really conscious of the built-in limitations of the LiveScan system. Most individuals assume that if it’s the state-run system then it have to be the most effective and most full.
As I used to be re-researching the information to put in writing this text I additionally discovered that it’s attainable for somebody to have their intercourse offence crime expunged after serving their sentence, however would nonetheless be required to be registered as a intercourse offender. That is yet another very convincing motive to examine the Megan’s Law checklist.
Again, if somebody was background checking my daughter’s instructor, coach, counselor or pastor I might desire a extra thorough examine and I count on higher from the State of California on behalf of all youngsters.
THE ALTERNATIVE: Most organizations who use LiveScan need to by state legislation, however when you’ve got a alternative it is best to contemplate a non-public sector background examine from a good firm that provides you the entire prison info on a county by county foundation, checks the civil data, the Megan’s Law checklist and data from every other state the place an individual could have lived.
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