• What is a live scan?
  Live Scan fingerprinting refers to both the technology and technique used by law enforcement agencies, private facilities and individual operator to capture finger prints electronically, without needing more traditional method of the ink and paper.  back to top
  
  
• Purpose of Background Checks
  Securing a criminal background check prior to employment, licensure, or certification provides hiring or licensing authority an important resource, which aids in the evaluation of the applicant. These applicants are often candidates for positions that place them in a position of trust for some of California's most vulnerable citizenry, elderly, and dependent adults and children. As such, background checks is vital for the hiring or licensing authority to be aware of specified active arrests or convictions. Entrusting applicants with the responsibility of the position prior to a criminal background check potentially jeopardizes the safety and integrity of the workplace and may leave some individuals exposed to unnecessary harm. Employment and licensing authorities may also face legal liability if applicants with specified active arrests or convictions are employed or licensed when statute prohibits such action on the successful completion of a criminal background check.  back to top
  
  
• How long will it take to receive a response?
  Please allow a minimum of thirty days before making a status inquiry. Applicants should check first with the applicant agency that requested the background review since the DOJ sends directly to the applicant agency. Poor quality fingerprints, records that contain criminal information, erroneous information submitted on the fingerprint transaction, and individuals born before 1920 who have submitted manual fingerprints in the pass may delay the reporting of results.  back to top
  
  
• Can Fingerprint be expedited for an additional charge?
  No. Unfortunately, the DOJ does not offer an expedited process.  back to top
  
  
• My employer is asking for a copy of my criminal history record? May I give it to them?
  No. California Penal Code section 11142 prohibits you from giving a copy of your criminal record to an unauthorized third party. In addition, California Penal Code section 11125 prohibits an individual or agency from requiring you to provide him/her or the agency with a copy of your criminal record or proof that a record does or does not exist. Violation of either of these sections is a misdemeanor offense.  back to top
  
  
• How do I obtain certified copies of court documents?
  The Department of Justice does not maintain or provide certified copies of court documents. The Courts are the only institutions that can provide you with a certified copy of a court document. Please contact the Court with jurisdiction over your particular case(s) for certified documents.  back to top
  
  

What if the information on my record is incorrect?
If you feel the information contained within your criminal history record is incorrect, you may submit a formal challenge to the Department of Justice only after you have received a copy of your record from the Department, pursuant to California Penal Code sections 11120-11127. Form BCIA 8706 "Claim of Alleged Inaccuracy or Imcompleteness" will be mailed to you along with your record. Submit form BCIA8706 and any supporting documentation to the Department of Justice at the address provided on the form. The challenge will be reviewed and a written response will be provided, along with an amended copy of your criminal history record if appropriate.  back to top

How do I assign a disignee to receive a copy of my record?
Enter the name and address of your designee on form BCIA 8016RR, "Request for Live Scan Service," in the section labeled "Designee or Embassy Name." Pleas make sure to provide a complete address for the designee. If a designee is not listed on form BCIA8016RR at the time you are fingerprinted, you must submit a written request, dated and signed, to the Department of Justice. In either case, your designee will be mailed a copy of the same information you receive.  back to top

How do I get arrests or court disposition information removed from my criminal history record?
Arrest and court disposition information can only be modified or deleted by court order or at the direction of the arresting agency or district attorney having jurisdiction over the criminal matter. The Department of Justice is required to record summary arrest, detention, disposition, and personal identification information when submitted by a law enforcement agency or court of California or state.   back to top

How long is the record retained?
The record retention policy of the Department is to maintain criminal information until the subject of the record reaches 100 years of age.  back to top

Who do I contact if I have additional questions regarding the Criminal Record Review Process?
Additional questions regarding the Record review process can be directed to the Record Unit at (916) 227-3835  back to top