Law & Legal & Attorney Criminal Law & procedure

California DOJ Background Check Rules

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      The California Department of Justice (DOJ) conducts criminal background checks using Live Scan technology. Live Scan is an automated system that transmits fingerprints electronically to the DOJ. Background checks are commonly used for employment, volunteer screening, visas, immigration and foreign adoptions.

    Forms

    • The requesting agency must provide the individual with the appropriate form. Available forms include Authorization Request Packet for School Contractor Employers, Authorization Request Packet for Youth Organizations or Human Resources Agencies and Live Scan Request Form for General Use. The agency is responsible for filling out the agency portion of the form, and the individual must provide additional personal information to complete the form.

    Individual Requests

    • The law allows access to a person's criminal record for legitimate law enforcement purposes and to authorized agencies. An individual has the right to review his or her criminal record. The applicant must pay a $25 fee (as of 2010) and submit Form BCII 8016RR, Request for Live Scan Service. If an applicant lives out of state, it is still possible to request a criminal background check by having a local law enforcement agency use a manual fingerprint card. The applicant must submit the fingerprint card and Form BCII 8705, Application to Obtain Copy of State Summary Criminal History Record, to the California DOJ.

    Fingerprinting

    • Live Scan providers conduct fingerprinting services. The California DOJ provides a list of providers on its website (http://ag.ca.gov/fingerprints/publications/contact.php). Live Scan technology enables the DOJ to submit the fingerprints electronically within a few minutes. The facility may charge a fingerprint rolling fee, which varies depending on the location of the site. The DOJ and the FBI charge an additional fee; the requesting agency often pays this fee.

    Results

    • Most Live Scan results are available within three business days. The requesting agency will receive the results through the mail or electronically. In some cases, a delay may result, due to the quality of fingerprint, incorrect data or because the individual has a criminal history. If the results are still unavailable after seven days, the DOJ recommends that individuals first check with the requesting agency prior to contacting the fingerprinting technician.

    Custodian of Records

    • Every requesting agency must have at least one Custodian of Records. To become a Custodian, the individual must receive confirmation from the DOJ. A Custodian must be a California resident who is at least 18 years old and has not been convicted of a felony or an offense involving fraud, moral turpitude or dishonesty. The Custodian is responsible for ensuring the proper storage, security, dissemination and destruction of the criminal records obtained by the agency.

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