FREQUENTLY ASKED QUESTIONS - MOBILE LIVE SCAN

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Live Scan fingerprinting refers to both the technique and the technology used by law enforcement agencies and private facilities to capture fingerprints and palm prints electronically, without the need for the more traditional method of ink and paper.  Mobile Live Scan of Long Beach will come to your home or office at your convenience.

A Live Scan reports all or part of your Summary Criminal History Record, and can also  include your Federal Record. The Summary Criminal History Record is the criminal record kept by the California Department of Justice. This criminal history includes arrests, charges, dispositions,  convictions, dismissals, diversions, identifying info (including fingerprints), “in custody” status if the person is in jail or prison, and a history of applications for certain licenses.

Without being authorized by California law, it is a misdemeanor for any person/employer to request your Live Scan or even to request that you give them a copy of your Live Scan. However, there are many agencies, organizations, employers, and individuals allowed to access or request your Live Scan. Depending on the requestor, the report will include all or a part of your criminal history.

You can request your own Live Scan by filling out an application and paying the applicable fees. The report will include your California criminal history and your Federal criminal history (if requested). 

Courts, Peace Officers, District Attorneys, City Attorneys, Correctional Officers, Probation Officers, Parole Officers, Public Defenders, and Private Attorneys of record in a criminal case can request your full criminal history report. Any other agency, officer, or state official can request all or a portion of your criminal history in order to implement a law or regulation. Any public agency can request your record for employment purpose.

Requests by the government are also allowed for: 

• Visa/Immigration clearance by US-CIS (immigration) or US-DOS (State Department)
• Conservatorship and probate investigations
• Local child support agencies employment (Family Code 17304)
• County child welfare agency employment (Welfare and Institutions 272)
• Employment of Humane Society Officers (Corporations Code 14502)
• Employment at public utility’s nuclear facilities
• Employment by a government-contracted provider e.g. the Transportation Authority
• California State University or University of California system, or accredited four-year schools for accepting felons to special education programs for convicted felons

If you wish to work with day cares, foster family homes, or residential care facilities for the elderly or people with chronic or life-threatening diseases, then you must either submit a Live Scan to the Department of Social Services to obtain a license or you must have the day care, foster family home, or care facility request your Live Scan. The Live Scan report will include: 

1. Convictions
2. Arrests awaiting trial
3. Arrest for a sex offense requiring registration, endangering a child, assault with a deadly weapon, or infliction of injury on present or former partner

If you wish to seek employment in a bank, credit union, or other financial institution, you will have to obtain a Live Scan at the request  of your employer or the California Department of Business Oversight. The Live Scan will include: 

    1.  All convictions for a violation or attempted violation of any offense which could cause financial loss to a financial institution and is a violation of any applicable law, a breach of fiduciary duty, or any unsafe or unsound act (which would include robbery, burglary, theft, embezzlement, fraud, forgery, bookmaking, receiving stolen property, and counterfeiting)

    2.  All arrests awaiting trial for a violation or attempted violation of a criminal offense.

For employment in any other profession authorized to request a Live Scan that will include all convictions and arrests awaiting trial. This applies to the following professions: 

1. Nurses, Certified Nurse Assistants, Home Health Aides (CA Business and Professional Code 2879)
2. Attorneys
3. Notaries
4. Stock Brokers
5. Finance Lenders and Brokers (CA Financial Code 22101.5)
6. Accountants (CPAs)
7. Real Estate Licensees
8. Pharmacists
9. Medical Doctors
10. Dental Assistants
11. Dentists
12. Veterinarians (CA Business and Professional Code 2879)
13. Locksmiths (CA Business and Professional Code 6980.18 )
14. Tow truck drivers (CA Business and Professional Code 2431)
15. Barbering and cosmetology (CA Business and Professional Code 2879)
16. Private Investigators, with or without a firearm license (CA Business and Professional Code 7564.1)
17. Security Guards, Private Patrol Operators, and Alarm Agents, with or without a firearm license (CA Business and Professions Code 7583.9,  7583.23, 7596.3, 7598.4) 
18. Teachers (CA Business and Professional Code 44346.5)
19. Psychiatrists (CA Business and Professional Code 4522)
20. Pest Control Operators
21. Check Cashers
22. Entertainment firearms permits
23. Speech-language pathology and audiology careers
24. Pawnbrokers
25. Firearm Training Instructors
26. Contractors
27. Traffic School Instructors
28. Repossessors
29. Ambulance Drivers
30. Car dealers, car registration services, automobile clubs, rental car companies, car leasing company employees
31. Dismantler/wrecker license
32. Driving school instructor license
33. Pilots
34. Lottery retailers
35. Insurance agents
36. Automotive repair license (CA Business and Professional Code 9884.22)

Employment at a bank, credit union, or other financial institution, you will have to obtain a Live Scan report at the request of your employer or the California Department of Business Oversight. The Live Scan will include arrests, convictions for a violation or attempted violation of any offense which could cause financial loss to a financial institution and is a violation of any applicable law, a breach of fiduciary duty, or any unsafe or unsound act (which would include robbery, burglary, theft, embezzlement, fraud, forgery, bookmaking, receiving stolen property, and  counterfeiting).

Employment with a cable, telephone, internet, or satellite company, or work in a position with supervisory or disciplinary power over minors, or provide in-home non-medical care to an aged or disabled adult, or work for a private security company or private patrol company (whether or not you carry a firearm), you will have to get a Live Scan. The Live Scan report will include: 

1. Convictions including sexual battery, a sex offense against a minor, or any felony that requires sex offender registration
2. Every conviction/incarceration within 10 years for endangering a child, infliction of corporal punishment or injury on child, or a crime against elders via theft, robbery, burglary, or any felony
3. The 10-year limit does not apply if you had to register as a sex offender

You cannot remove a conviction from a Live Scan background check without receiving an expungement, pardon, or record sealing with only one exception. The California Department of Justice’s policy is to only maintain a criminal record until the person reaches 100 years old.

Expungement in California does not remove a conviction from your record but instead changes the conviction to a dismissal. Even though the case is still on your record, most requesters of your Live Scan report cannot see dismissed cases unless they are processing an application for licensure by a state or local agency or for contracting with the California State Lottery. Consequently, expungements are a very effective way for a person with a conviction to clear their record in order to enter a new career that requires a Live Scan background check.

A reduction to a misdemeanor is another form of conviction relief  available for certain felony offenses. Reductions are a very effective form of relief because a subsequent Live Scan will only show a misdemeanor conviction instead of a felony conviction.