Currently, employers with applicants seeking a license, employment or volunteer position where the applicant would have supervisory or disciplinary power over a minor, can request a LiveScan background check from the California Department of Justice (“DOJ”) showing the applicant’s conviction record and any arrest pending adjudication involving specific offenses. SB 905 clarifies that such a LiveScan background check request must include the applicant’s fingerprints, but cannot require the applicant to disclose their residence address.
Under existing law, schools receive Federal Bureau of Investigation (FBI) criminal background information as part of the DOJ LiveScan process. SB 905 expands LiveScan background checks to enable all authorized agencies and entities who get such background checks from the DOJ to also include background check information from the FBI.
(SB 905 amends sections 11105 and 11105.3 of the Penal Code.)