An Administrator's Guide to California Private School Law

Chapter 3 – Hiring

a. Applicant Agency Schools must apply with the DOJ to become an “applicant agency” in order to obtain summary criminal history information on applicants. The DOJ will approve an organization as an “applicant agency” only if authorized by statute. The authorizing statute will specify the level of service the organization is authorized to receive (i.e., California criminal history information only or California and Federal criminal history information). b. Fees And Locations The nearest public applicant Live Scan sites that take digital fingerprint images may be located by accessing: http://ag.ca.gov/fingerprints/publications/contact.php.Processing fees for the background checks vary among locations. The above website also provides information by Live Scan site on fees, hours of operation and if an appointment is needed. Job applicants must present a valid photo identification when being fingerprinted. c. Results The DOJ electronically sends results directly to most applicant agencies. Some agencies prefer receiving results via regular U.S. mail which might take seven days or more. Applicant agencies may also use the 24-hour automated telephone system to check on Live Scan fingerprint submissions. The automated telephone system phone number is (916) 227-4557. Applicant agencies will need to provide the applicant’s date of birth and the 10-digit Automated Transaction Identifier number that appears at the bottom of the DOJ form requesting Live Scan A school cannot provide criminal offender record information it obtains from the Department of Justice to third parties. Release of criminal history record information to unauthorized individuals can be a misdemeanor. 178 After hiring, when a school no longer needs the criminal history record information provided by the DOJ, it must destroy the report to minimize the risk of illegal access or disclosure. 179 A school must provide the CORI to the applicant if the unfavorable DOJ report is the reason for declining employment. 180 d. Retention All information obtained from the Department of Justice is confidential. 181 As a result, schools are prohibited from disclosing contents or providing copies of CORI to third parties. 182 Additionally, CORI must be stored in a locked file separate from other files, and should only be accessible to the custodian of records. 183 All CORI in the school’s possession must be destroyed upon the hiring determination. 184 When CORI is destroyed, the destruction must be carried out to the extent that the identity of the subject can no longer reasonably be ascertained. 185 If CORI is destroyed outside of the school, a person designated by the school must witness the destruction. 186 fingerprint background checks. LCW Practice Advisor

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