SB 905 – Prohibits DOJ LiveScan Background Checks From Requiring Certain Applicants To Provide A Residence Address, And Expands LiveScan Access To FBI Background Checks

CATEGORY: Client Update for Public Agencies, Nonprofit News, Public Education Matters
CLIENT TYPE: Nonprofit, Public Education, Public Employers
DATE: Oct 22, 2020

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 the address of their residence.

SB 905 also 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 Federal Bureau of Investigation (FBI). Previously, only certain entities could receive FBI background checks as part of the DOJ LiveScan background check.

(SB 905 amends Sections 11105 and 11105.3 of the Penal Code.)