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“Who Else Wants To Beat Their DUI Arrest or Conviction Record, Save Money on Insurance, And Get Their Drivers License Back?” bit.ly

California LiveScan is the state run system administered by the California Department of Justice for criminal background checks exclusively for people who work with children, the elderly and disabled. All such workers must be screened by the LiveScan system.

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 vendor who fingerprints the applicant (the applicant puts their fingerprints on a scanner which electronically scans the fingerprint, hence the name) submits the applicants data online to the state where a statewide criminal check is performed and, if chosen by the organization ordering the report, a nationwide NCIC (FBI files) check is performed. The resulting information is then sent to the participating organization.

This system is one of the best in the in the country, but the purpose of this article is to point out that it does have what I consider to be major flaws that very few people know about. I think that it is very important, especially for parents, to know the systems limitations in hopes that someday the state will tighten the loopholes and more children will be protected.

The LiveScan system places strict limitations on what information is available and how that information is distributed. The criminal history report is sent to the organizations Records Custodian, which may or may not be the person making the hiring decision and in larger organizations it us usually not the same person. The Records custodian is only allowed to tell the person making the hiring decision that the person has passed or failed the LiveScan. They dont even get to know why that person 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 result of committing: theft, robbery burglary or any felony.

Now, on its face the list above looks pretty good, but lets go over some of the crimes that it doesnt cover and as we go through the list try to think of your childs nanny or her Sunday school teacher engaged in these crimes. Heres a partial list: Assault, Accessory to a crime, Aiding and abetting, Bad check writing, Carrying a gun without a license, Contempt, Domestic Violence, False impersonation, Medicare fraud, Stalking, Drug possession, Indecent exposure, Misdemeanor Prostitution, Lewd conduct, Disorderly conduct, Disturbing the peace, Vandalism, Trespassing, Malicious mischief, Public drunkenness and the list goes on. I dont know about you, but before I would hire someone to work with children I think I would want to know if they are a pot-smoking, bar-fighting drunk-in-public type person. Most people would agree.

SURPRISING FACT # 2. LIVESCAN DOESNT CHECK FOR ANY CIVIL RECORDS. OK maybe now you are thinking that this California LiveScan doesnt cover as much as you thought and you would be correct. It also doesnt cover any civil court rulings against a person such as Restraining orders, Non-molestation orders, Order for Protection and Injunctions (for things such as stalking). You dont think that is important? The Family Violence Prevention Fund estimates that up to three million women are the victims of domestic violence each year and restraining orders are one important way that they can protect themselves.

SURPRISING FACT # 3 LIVESCAN DOES NOT CHECK THE CALIFORNIA SEX OFFENDER REGISTRY (also known as the Megans Law registry). THE PRECEEDING SENTENCE IS NOT A MISPRINT; ITS TRUE! You can verify this by calling the California Department of Justice and asking them. Their number is 916 227-4974. By now you are probably asking yourself, How in the world can this be true? A state system designed to protect children doesnt even check for drug offenders, wife beaters and sex offenders? That is unconscionable! Even as I write this I find it hard to believe myself. It doesnt even check the Megans Law list for sex offenders who have moved to California from another state who are required to register.

BUT WAIT; THERES MORE. There are even two more area that LiveScan does not check or report. When it searches criminal records, it only searches records where a person was fingerprinted. For a minor, non-violent crime people are sometimes issued a notice to appear, just like a traffic ticket. People who are arrested in that way are not fingerprinted. I understand that when big cities do things like prostitution sweeps that they sometimes use that method for both the prostitutes and their clients. Also, if an arrest is found on someones criminal history and there is no corresponding disposition such as a trial verdict, plea agreement or sentencing information, they withhold the information from you. The following quote is off their website: Unless otherwise authorized by law, where only an arrest record exists but the Department is unable to obtain corresponding disposition information, the Department shall suppress that arrest information and provide the authorized agency with a response that no criminal history information exists.

As a person who has been in the background check business for 13 years and the father of two college age daughters, I would have designed the system very differently to say the least. I certainly would not have designed in holes big enough 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 interested in protecting the rights of criminals than protecting children and the elderly. In all my dozens of conversations with pastors, school administrators and law enforcement people I have only spoken to one person, who was truly aware of the built-in limitations of the LiveScan system. Most people assume that if it is the state-run system then it must be the best and most complete.

As I was re-researching the data to write this article I also found that it is possible for someone 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 reason to check the Megans Law list.

Again, if someone was background checking my daughters teacher, coach, counselor or pastor I would want a more thorough check and I expect better from the State of California on behalf of all children.

THE ALTERNATIVE: Most organizations who use LiveScan have to by state law, but if you have a choice you should consider a private sector background check from a reputable company that gives you all of the criminal information on a county by county basis, checks the civil records, the Megans Law list and records from any other state where a person may have lived.

Originally published here.

Have you got an older Dwi arrest history that is hurting you when you are looking for a position or trying to have car insurance? Have you been currently shelling out hundreds and frequently plenty in fines and penalties?Don’t you just want to get your drivers license back?

A Dwi is often a mistake which could trouble you for life and cause your future miserable . From super high premiums to difficulties passing a basic occupation criminal history check, those 3 letters will tag you as certain as if you had them written in red ink on your brow. Understanding how to overcome a Dui is vital for anyone who is to start over your life. Fortunately, you can find things you can do to completely eliminate or significantly reduce the harm a Dwi gives your driving along with court records. If your Dui complies with numerous simple key elements, you might be qualified to discover ways to fight a Dwi charge and have your history expunged totally.

Dui prosecutions certainly are a large source of income to local authorities in all fifty states, and there can be pressure to raise cash flow by making more arrests. In addition, lobbying organizations including Mothers Against Drunk Driving have a vested interest in preserving Dui busts elevated.

Get Rid of Any DWI Reports

Most people that have Dui information do not know they can seriously clean up their files. In addition, they just do not understand that they can be offered the opportunity to hold their negative data from showing on background record checks whenever someone searchesforthese people in data sources. In case you are of these types of individuals, you now have an idea that you’ll be able to clear your records. Should your Dui history has been stored for many years already, you could have it eliminated so your job opportunities will not fall apart. Conviction records as a result of driving drunk or drugs puts you in a negative position in our society and in the eyes of the potential employers. This will likely wreck your chances of having the ability to acquire a job regardless of your excellent abilities. For people with past Dwi files, make certain you have it eliminated.

Cleaning A Person’s Dui Information With The Help of a Lawyer

In the event you Dwi records to get rid of, ask for the assistance of a MN DWI lawyer. A solid MN dui lawyer should be able to assist you to clean your records permanently. If you want to employ a lawyer, choose somebody that is skilled or understands how to deal with Dwi cases and reports. There are plenty of lawyers in your state who serve as defense attorneys for DWI or DUI offenses.

Don’t let a Dui conviction prevent you from acquiring a job, or keep you back in by any means. Having a criminal conviction on your own record isn’t something you need to hang onto forever.

Originally published here.