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Live Scan Fingerprinting Laws and Regulations: What Providers Need to Know to Stay Compliant.


Live Scan Fingerprinting Laws and Regulations: What Providers Need to Know to Stay Compliant.
Live Scan Fingerprinting Laws and Regulations: What Providers Need to Know to Stay Compliant.

Live scan fingerprinting is a process that captures an individual's fingerprints electronically and sends them to a central database for criminal background checks. Live scan fingerprinting is regulated by laws and regulations that providers must adhere to stay compliant.

In California, live scan fingerprinting is required for a variety of purposes, including:

  • Employment

  • Licensing

  • Volunteering

  • Foster care

  • Adoption

  • Notary public

The California Department of Justice (DOJ) oversees the Live Scan program in California. The DOJ has a number of requirements that providers must meet in order to offer live scan fingerprinting services. These requirements include:

  • Being certified by the DOJ

  • Using a DOJ-approved live scan device

  • Maintaining the confidentiality of fingerprint data

Providers who fail to comply with the DOJ's requirements may be subject to fines and other penalties.

Here are some of the key laws and regulations governing live scan fingerprinting in California:

  • Penal Code Section 11107. This law requires that certain individuals, including employees of child care facilities, schools, and hospitals, submit to live scan fingerprinting for background checks.

  • Business and Professions Code Section 7588. This law requires that certain businesses, such as security guard companies and day care providers, obtain live scan fingerprints from their employees.

  • Government Code Section 68080. This law requires that certain state contractors submit to live scan fingerprinting for background checks.

In addition to these state laws, there may also be federal laws and regulations that govern live scan fingerprinting. For example, the federal Brady Handgun Violence Prevention Act requires that all federal firearms licensees conduct background checks on potential gun buyers. This background check process may involve live scan fingerprinting.

If you are considering offering live scan fingerprinting services, it is important to consult with an attorney to ensure that you are in compliance with all applicable laws and regulations.

Here are some of the best practices for staying compliant with live scan fingerprinting laws and regulations:

  • Stay up-to-date on the latest changes to the law.

  • Ensure that your staff is trained on the proper procedures for collecting and submitting fingerprints.

  • Use a DOJ-approved live scan device.

  • Maintain the confidentiality of fingerprint data.

  • Comply with all applicable reporting requirements.

By following these best practices, you can help to ensure that your business is in compliance with live scan fingerprinting laws and regulations.


For up to date or additional information please visit DOJ Website

Fingerprint Background Checks


If you have any questions about obtaining Live Scan background check, you can contact us at a1wirelesslivescan.com to find your nearest location, or give us a call at 916-544-4000, or email us at support@a1wirelesslivescan.com


INFORMATIONAL PURPOSES ONLY: The materials and information on this website have been prepared or assembled by the Firm and are intended for informational purposes only. Some of the information may be dated and may not reflect the most current legal developments. Any opinions expressed on or through this website are the opinions of the individual author and may not reflect the opinions of the Firm or any other individual.

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