When it comes to ensuring the safety of children in non-profit organizations, particularly in California, conducting thorough background checks on employees and volunteers is not just a best practice—it’s often a legal requirement. In California, Penal Code Section 11105.3 mandates that organizations working with children, the elderly, or disabled individuals must conduct background checks through the Department of Justice (DOJ), typically using the Live Scan electronic fingerprinting system. While Live Scan is a powerful tool, relying solely on it for background checks presents significant limitations. Fortunately, SecureSearch offers the tools necessary to fill in these gaps, providing a more comprehensive vetting process.

What Does California Law Require?

California law clearly stipulates that organizations working with vulnerable populations must perform background checks to protect those in their care. Penal Code Section 11105.3, along with specific statutes like the Education Code Sections 10911.3, 45125.1, and 49024, outlines the requirements for fingerprinting and background checks in various settings, including schools and non-profits. These checks are typically conducted through Live Scan, which allows for the electronic submission of fingerprints to the DOJ and FBI for criminal background checks.

The Pitfalls of Relying Solely on Live Scan

While Live Scan is essential, it is not a catch-all solution. Here are some of the key pitfalls of relying solely on Live Scan for your background checks:

  1. Limited Scope: Live Scan primarily searches criminal records within California. If an individual has a criminal history in another state, it may not appear in a Live Scan report unless the check includes an FBI national search. Even then, not all states fully report their records to the FBI, meaning critical information could be missed.
  2. Incomplete or Outdated Data: According to a survey of state criminal history systems, about 68% of arrests in state databases have final case dispositions reported. This leaves a significant portion without updated disposition data, meaning that some records may show an arrest but not the final outcome. Additionally, in specific cases, such as within the Department of Defense, up to 31% of required final disposition reports were not submitted alongside fingerprint records​ (Office of Justice Programs)​ (DoD IG). This lack of updated information can lead to incomplete or misleading background checks.
  3. No Reference or Character Checks: Live Scan only provides a snapshot of an individual’s criminal history; it does not offer any insights into their character or suitability for working with children. Reference checks, which can reveal important behavioral patterns, are not part of the Live Scan process.
  4. Arrests Without Fingerprinting: Not every arrest results in fingerprinting by the arresting officer. For minor offenses, citation releases, or some juvenile cases, individuals may not be fingerprinted. If a person isn’t fingerprinted, the arrest won’t appear in a fingerprint-based search like Live Scan, leaving a gap in the background check.
  5. No Sex Offender Registry Check: Although Live Scan checks for criminal records, it might not include a thorough search of all sex offender registries unless specifically requested. This could lead to an oversight of crucial information.
  6. No Civil Record Check: Civil cases, such as those involving restraining orders or other legal issues that might indicate a risk to children, are not part of the Live Scan process. This omission can be significant when assessing someone’s fitness for working with vulnerable populations.
  7. No Continuous Monitoring: Live Scan is a point-in-time check. Once completed, there is no automatic update if the individual is later arrested or convicted. Without continuous monitoring, organizations could remain unaware of new risks posed by their employees or volunteers.
  8. Limitations Outside Your Home State: If an individual has lived or worked in multiple states, relying on Live Scan can be particularly risky. Different states have varying levels of cooperation with federal reporting standards. As a result, the criminal records that the Federal Government receives might be limited, meaning that some out-of-state criminal history might not be included in a Live Scan report.

SecureSearch: Filling in the Gaps

Given these limitations, it’s crucial for organizations to adopt a more comprehensive approach to background checks. SecureSearch offers a range of tools and services designed to fill the gaps left by Live Scan, including:

  • Nationwide Criminal Database Searches: SecureSearch goes beyond state boundaries, ensuring that criminal records from across the country are included in your background checks.
  • Real-Time Disposition Updates: SecureSearch provides access to real-time court disposition data, helping to ensure that your background checks reflect the most current and complete information available.
  • Reference and Character Checks: SecureSearch can supplement criminal background checks with reference checks and other character assessments, providing a fuller picture of a candidate’s suitability for working with children.
  • Continuous Monitoring: SecureSearch offers continuous monitoring services, alerting you to any new criminal activities after the initial background check has been completed.
  • Comprehensive Sex Offender Registry Searches: SecureSearch includes thorough checks against all relevant sex offender registries, ensuring that this critical information is not overlooked.

A Comprehensive Approach is Necessary

While Live Scan is a valuable tool, it should be just one part of a broader, more thorough vetting process. SecureSearch has the expertise and tools to fill in the gaps left by Live Scan, providing you with the most comprehensive background checks possible. By understanding the limitations of Live Scan and taking proactive steps to mitigate them with SecureSearch, you can better protect your organization and, more importantly, the vulnerable individuals you serve.

For more information on how SecureSearch can help your organization, visit SecureSearchPro.com.