California LiveScan, a real background check?

California LiveScan is the statewide criminal background check system run by the California Department of Justice and is available only to workers whose job includes working with children, the elderly, and the disabled. These include law enforcement agencies, public and private schools, non-profit organizations, and in-home supportive care agencies. There is no other state criminal control available to 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 use the program. Most churches use LiveScan if they already use it for their affiliate church school. Organizations using this program send their conditionally hired applicants pending background checks to a LiveScan vendor who fingerprints the applicant (the applicant places their fingerprints into a scanner that electronically scans the fingerprint digital, hence the name) sends the applicant’s data online to the state where a state-level criminal check is done and, if chosen by the organization requesting the report, an NCIC check (FBI files) is done to Nacional level. The resulting information is then sent to the participating organization.

This system is one of the best in the country, but the purpose of this article is to point out that it has what I consider to be major flaws that very few people are aware of. I think it’s very important, especially for parents, to be aware of the limitations of the system in the hope that one day the state will close the loopholes and protect more children.

The LiveScan system places strict limitations on what information is available and how that information is distributed. The criminal history report is sent to the organization’s custodian of records, who may or may not be the person making the hiring decision and, in larger organizations, is usually not the same person. The custodian of records can only tell the person making the hiring decision that the person passed or failed the LiveScan. They don’t even know why that person didn’t pass the background check.

SHOCKING FACT #1. CALIFORNIA LIVE SCAN DOES NOT REPORT ALL CRIMINAL RECORDS The state of California has mandated that LiveScan only disclose records related to the following categories: 1. Child abuse or elder abuse related crimes 2. Sex offenders 3 Convictions or imprisonment in the last 10 years as a result of committing: theft, burglary, or any felony.

Now at first glance the above list looks pretty good but let’s go over some of the crimes it doesn’t cover and as we go through the list try to think of your child’s babysitter or your Sunday school teacher involved in these crimes. Here is a partial list: assault, accessory to crime, aiding and abetting, writing bad checks, carrying a weapon without a license, contempt, domestic violence, false impersonation, Medicare fraud, stalking, drug possession, indecent exposure, misdemeanor of prostitution, lewd conduct, disorderly conduct, disorderly conduct, vandalism, trespassing, malicious mischief, public drunkenness and the list goes on. I don’t know about you, but before I hire someone to work with children, I think I’d like to know if they are people who smoke pot, fight in bars, and get drunk in public. Most people would agree.

SURPRISING FACT #2. LIVESCAN DOES NOT CHECK ANY CIVIL RECORDS. Well, maybe now you’re thinking that this California LiveScan doesn’t cover as much as you thought, and you’d be right. It also does not cover any civil court judgments against a person, such as restraining orders, no-abuse orders, protective orders, and court orders (for things like stalking). Don’t you think that’s important? The Family Violence Prevention Fund estimates that up to three million women are victims of domestic violence each year and restraining orders are an important way they can protect themselves.

SURPRISING FACT #3 LIVESCAN DOES NOT CONTROL THE CALIFORNIA SEX OFFENDER REGISTRY (also known as the Megan’s Law registry). THE PREVIOUS SENTENCE IS NOT AN ERROR; IT’S TRUE! You can verify this by calling the California Department of Justice and asking them. His number is 916 227-4974. By now you’re probably wondering, “How the hell can this be true? A state system designed to protect children doesn’t even check for drug offenders, wife beaters, and sex offenders? That’s inconceivable!” “. Even as I write this, I find it hard to believe myself. It doesn’t even check Megan’s Law list for sex offenders who have moved to California from another state who are required to register.

BUT WAIT; THERE IS MORE. There are even two more areas that LiveScan does not check or report. When you search for criminal records, you only look for records where a person’s fingerprints were taken. For a misdemeanor, non-violent offense, a notice to appear is sometimes issued, just like a traffic ticket. People who are arrested in this way are not fingerprinted. I understand that when big cities do things like prostitution raids, they sometimes use that method for both the prostitutes and their “customers”. Also, if an arrest is found on someone’s criminal record and there is no corresponding disposition, such as a trial verdict, plea agreement, or sentencing information, they withhold the information. The following quote is off their website: “Unless otherwise authorized by law, where only one arrest record exists but the Department is unable to obtain the corresponding disposition information, the Department will suppress that arrest information and provide the authorized agency an answer that no criminal historical information exists”.

As someone who has been in the background check business for 13 years and a father of two college-aged daughters, I would have designed the system very differently, to say the least. He certainly wouldn’t have designed holes big enough to drive a truck through and potentially allow criminals access to children. The more I study this information, the more I am convinced that the State of California is more interested in protecting the rights of criminals than in protecting children and the elderly. In all of my dozens of conversations with pastors, school administrators, and law enforcement officials, I have only spoken to one person who was truly aware of the built-in limitations of the LiveScan system. Most people assume that if it is the state system then it must be the best and most comprehensive.

While re-investigating the data to write this article, I also discovered that it is possible for someone to have a sex crime felony expunged after serving their sentence, but still be required to register as a sex offender. That’s another very compelling reason to check out the Megan’s Law list.

Again, if someone were to do a background check on my daughter’s teacher, coach, counselor, or pastor, I would like a more thorough check and hope better from the State of California on behalf of all children.

THE ALTERNATIVE: Most organizations that use LiveScan are required to do so by state law, but if you have the option, you should consider a private sector background check from a reputable company that will give you all the criminal information county by county, check civil information records, the Megan’s Law list and records from any other state where a person may have lived.