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How Far Back Does Live Scan Go in California

How Far Back Does Live Scan Go in California?

Live Scan is a digital fingerprinting technique used in California for various purposes, including background checks for employment, licensing, and volunteer work. It is a convenient and efficient way to obtain accurate and up-to-date information about an individual’s criminal history. However, many people often wonder how far back Live Scan goes and what records it includes. In this article, we will explore the timeline and scope of Live Scan in California, along with some frequently asked questions related to this topic.

Live Scan Timeline:

Live Scan in California is governed by state and federal laws, which determine the extent of criminal history information that can be accessed through this system. The timeline for Live Scan records depends on the type of background check being conducted. Here are some common scenarios:

1. Employment Background Checks:
For employment purposes, Live Scan in California typically goes back seven years. This means that any criminal convictions or arrests that occurred within the past seven years will be included in the Live Scan report.

2. Licensing and Certification:
When it comes to licensing and certification, the Live Scan timeline can vary depending on the industry and the type of license being sought. Some licenses may require a background check that goes back further than seven years, especially if the position involves working with vulnerable populations such as children or the elderly.

3. Volunteer Work:
For volunteer positions, Live Scan requirements may vary depending on the organization and the nature of the work involved. Some organizations may only require a background check that covers the past seven years, while others may have more extensive requirements.

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Scope of Live Scan Records:

Live Scan in California provides access to both state and federal criminal history records. The California Department of Justice (DOJ) maintains the state-level records, which include information from various law enforcement agencies across the state. These records typically include misdemeanor and felony convictions, arrests, and other relevant information.

In addition to state-level records, Live Scan also checks against the Federal Bureau of Investigation’s (FBI) criminal history database. This allows for a comprehensive background check that includes federal offenses, out-of-state convictions, and other relevant information that may not be captured in the state-level records.

Frequently Asked Questions (FAQs):

1. Can Live Scan access sealed or expunged records?
No, Live Scan cannot access sealed or expunged records. Once a criminal record has been sealed or expunged, it is not accessible through the Live Scan system. However, it’s important to note that certain agencies or organizations may have access to sealed or expunged records in exceptional circumstances.

2. Does Live Scan include traffic violations?
No, Live Scan does not include traffic violations. It primarily focuses on criminal history records, including misdemeanors and felonies. Traffic violations, such as speeding tickets or parking tickets, are generally not considered criminal offenses and therefore are not included in Live Scan reports.

3. How long does it take to receive Live Scan results?
The time taken to receive Live Scan results can vary depending on various factors, such as the volume of requests and the accuracy of the fingerprints submitted. In most cases, results are available within three to five business days. However, some agencies may offer expedited services for an additional fee.

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4. Can I challenge the accuracy of Live Scan results?
Yes, if you believe that there is an error in your Live Scan results, you have the right to challenge the accuracy of the information. You can contact the agency or organization that requested the background check and provide them with any supporting evidence to rectify the error.

In conclusion, Live Scan in California typically goes back seven years for employment purposes, but this timeline may vary for licensing, certification, and volunteer work. It includes both state and federal criminal history records, providing a comprehensive background check. However, Live Scan does not include sealed or expunged records, traffic violations, or non-criminal offenses. If you have concerns about the accuracy of your Live Scan results, you can challenge them by contacting the relevant agency or organization.

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