California LiveScan is the state run system administered by
the California Department of Justice for criminal
background checks and is available only on workers whose
work includes working with children, 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 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 affiliated church school. Organizations who
use this program send their applicants who have 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
where a statewide criminal check is performed and, if
chosen by the organization ordering the report, a
nationwide NCIC (FBI files) check is performed. The
resulting information is then sent to the participating
organization.
This system is one of the best in the in the country, but
the purpose of this article is to point out that it does
have what I consider to be major flaws that very few people
know about. I think that it is very important, especially
for parents, to know the system’s limitations in
hopes that someday the state will tighten the loopholes and
more children will be protected.
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 Records Custodian, which may or may
not be the person making the hiring decision and in larger
organizations it us usually not the same person. The
Records custodian is only allowed to tell the person making
the hiring decision that the person has passed or failed
the LiveScan. They don’t even get to know why that
person has failed the background check.
SURPRISING FACT # 1. CALIFORNIA LIVE SCAN DOES NOT 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 3. Convictions or
incarcerations in the last 10 years as a result of
committing: theft, robbery burglary or any felony.
Now, on its face the list above looks pretty good, but
let’s go over some of the crimes that it
doesn’t cover and as we go through the list try to
think of 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,
Bad check writing, Carrying a gun without 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 the list goes on. I
don’t know about you, but before I would hire someone
to work with children I think I would want to know if they
are a pot-smoking, bar-fighting drunk-in-public type
person. Most people would agree.
SURPRISING FACT # 2. LIVESCAN DOESN’T CHECK FOR ANY
CIVIL RECORDS. OK maybe now you are thinking that this
California LiveScan doesn’t cover as much as you
thought and you would be correct. It also doesn’t
cover any civil court rulings against a person such as
Restraining orders, Non-molestation orders, Order for
Protection and Injunctions (for things such as stalking).
You don’t think that is important? The Family
Violence Prevention Fund estimates that up to three million
women are the victims of domestic violence each year and
restraining orders are one important way that they can
protect themselves.
SURPRISING FACT # 3 LIVESCAN DOES NOT CHECK THE CALIFORNIA
SEX OFFENDER REGISTRY (also known as the Megan’s Law
registry). THE PRECEEDING SENTENCE IS NOT A MISPRINT;
IT’S TRUE! You can verify this by calling the
California Department of Justice and asking them. Their
number is 916 227-4974. By now you are probably asking
yourself, “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 find
it hard to believe myself. It doesn’t even check the
Megan’s Law list for sex offenders who have moved to
California from another state who are required to register.
BUT WAIT; THERE’S MORE. There are even two more area
that LiveScan does not check or report. When it searches
criminal records, it only searches records where a person
was fingerprinted. For a minor, non-violent crime people
are sometimes issued a notice to appear, just like a
traffic ticket. People who are arrested in that way are not
fingerprinted. I understand that when big cities do things
like prostitution sweeps that they sometimes use that
method for both 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
information from you. The following quote is off their
website: “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 a person who has been in the background check business
for 13 years and the father of two college age daughters, I
would have designed the system very differently to say the
least. I certainly would not have designed in holes big
enough to drive a truck through and potentially let
criminals have 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 protecting children and the elderly. In all
my dozens of conversations with pastors, school
administrators and law enforcement people 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-run system then it must be the best
and most complete.
As I was re-researching the data to write this article I
also found that it is possible for someone to have their
sex offence crime expunged after serving their sentence,
but would still be required to be registered as a sex
offender. That is one more very convincing reason to check
the Megan’s Law list.
Again, if someone was background checking my
daughter’s teacher, coach, counselor or pastor I
would want a more thorough check and I expect better from
the State of California on behalf of all children.
THE ALTERNATIVE: Most organizations who use LiveScan have
to by state law, but if you have a choice you should
consider a private sector background check from a reputable
company that gives you all of the criminal information on a
county by county basis, checks the civil records, the
Megan’s Law list and records from any other state
where a person may have lived.
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Kit Fremin is the owner and founder of Background Check
International. Since 1994 BCI has served clients a varied
as: the LA Times, Department of Defense, Mars, Inc., the
UN, the NTSB and Calvary Chapels nationwide. His website
is: http://www.bcint.com and he can be e-mailed at
kit@bcint.com.