How Far Back Does Live Scan Go in California?
Live Scan is a digital fingerprinting technology commonly used in California for background checks. It is widely utilized by various organizations and agencies, including employers, licensing boards, and law enforcement agencies. Many individuals wonder how far back Live Scan goes when conducting these checks. In this article, we will delve into the details of Live Scan and address twelve common questions related to its usage and scope in California.
1. What is Live Scan?
Live Scan is an electronic fingerprinting system that captures and transmits fingerprints to the California Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI). It is utilized for criminal record checks and background investigations.
2. How does Live Scan work?
During the Live Scan process, an individual’s fingerprints are scanned directly into a computer system, eliminating the need for ink-and-paper fingerprinting. The scanned fingerprints are then electronically transmitted to the DOJ and the FBI for analysis.
3. How far back does Live Scan go in California?
Live Scan checks in California typically go back as far as the date of an individual’s eighteenth birthday. This means that if a person has a criminal conviction before turning eighteen, it may not appear in the Live Scan results.
4. Does Live Scan show expunged records?
Expunged convictions, which are legally deemed to have never occurred, generally do not appear in Live Scan results. However, it is crucial to consult with legal counsel to understand the specifics of expungement and its impact on background checks.
5. Can Live Scan access sealed records?
Sealed records are not accessible through Live Scan, as these records are typically hidden from public view. However, certain authorized parties may have access to sealed records under specific circumstances.
6. Can Live Scan display arrest records without convictions?
Live Scan may display arrest records without convictions, as it captures an individual’s entire criminal history. However, it is essential to note that an arrest without a conviction does not necessarily indicate guilt or wrongdoing.
7. What types of offenses can appear in Live Scan results?
Live Scan results can include both misdemeanor and felony offenses. However, certain minor offenses may not appear if they have been expunged or if they occurred before the age of eighteen.
8. How long does Live Scan take in California?
The Live Scan process itself is relatively quick, usually taking only a few minutes. However, the time required to receive results may vary, ranging from a few days to several weeks, depending on the complexity of the background check.
9. Who can request a Live Scan in California?
Various entities in California can request Live Scan services, including employers, licensing agencies, law enforcement agencies, and volunteer organizations. Additionally, individuals can request their own Live Scan for personal record-keeping purposes.
10. Is Live Scan mandatory for all jobs in California?
The requirement for Live Scan background checks depends on the nature of the job. Certain professions, such as those involving direct contact with vulnerable populations or access to sensitive information, may have mandatory Live Scan requirements. However, not all jobs necessitate Live Scan checks.
11. Can a Live Scan be used for employment outside of California?
Live Scan results obtained in California are specific to the state’s jurisdiction. Other states may have their own fingerprinting systems and background check requirements. Therefore, Live Scan results from California may not be applicable for employment outside the state.
12. Can Live Scan results be challenged or corrected?
If there are errors or inaccuracies in Live Scan results, individuals have the right to challenge or correct them. This process typically involves contacting the DOJ and providing necessary documentation to support the claim.
In conclusion, Live Scan is a valuable tool used in California for conducting background checks. The scope of Live Scan generally extends back to an individual’s eighteenth birthday, with certain exceptions for expunged or sealed records. It is essential to understand the nuances surrounding Live Scan and its limitations when undergoing background checks in California.