California LiveScan, A Real Background Check?
California LiveScan, A Real Background Check?
California LiveScan is the state run ideas 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 consist of law promulgation agencies, communal and inexpressive schools, non-profit organizations and in-home supportive care agencies. There is no other statewide criminal check available for employers. All school teachers, communal 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 seller 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 club ordering the report, a nationwide Ncic (Fbi files) check is performed. The resulting information is then sent to the participating organization.
This ideas is one of the best in the in the country, but the purpose of this report is to point out that it does have what I reconsider to be major flaws that very few citizen 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 ideas 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 man making the hiring decision and in larger organizations it us ordinarily not the same person. The Records custodian is only allowed to tell the man making the hiring decision that the man has passed or failed the LiveScan. They don't even get to know why that man 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 effect 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 trainer engaged in these crimes. Here's a partial list: Assault, Accessory to a crime, Aiding and abetting, Bad check writing, Carrying a gun Background Check business for 13 years and the father of two college age daughters, I would have designed the ideas very differently to say the least. I really would not have designed in holes big adequate 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 concerned in protecting the rights of criminals than protecting children and the elderly. In all my dozens of conversations with pastors, school administrators and law promulgation citizen I have only spoken to one person, who was truly aware of the built-in limitations of the LiveScan system. Most citizen assume that if it is the state-run ideas then it must be the best and most complete.
As I was re-researching the data to write this report I also found that it is inherent for man 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 speculate to check the Megan's Law list.
Again, if man was background checking my daughter's teacher, coach, counselor or pastor I would want a more proper check and I expect best from the State of California on profit of all children.
The Alternative: Most organizations who use LiveScan have to by state law, but if you have a choice you should reconsider a inexpressive sector background check from a reputable business 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 man may have lived.
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