Yuba City, CA asked in Criminal Law and DUI / DWI for California

Q: In California how far back does a live screen background check go?

I have 2 misdemeanors and a dui was wondering how far back a live scan goes because I want to become a CNA and they require a live scan before enrollment.

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3 Lawyer Answers

A: For any license or credential given by an agency in CA, any livescan will pull up a person's entire criminal history as it is stored in the DOJ repository. However, agencies prefer to see cases that have been expunged or sealed for dozens of reasons. If the 2 misdemeanors and DUI you have in your past simply expired after probation ended, then I highly encourage you to petition the courts to clear the convictions so that your livescan appears the best way possible as you obtain your license.

A: Live scan will go as far back as when you turned 18. You should have it expunged.

James L. Arrasmith
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Answered

A: In California, a Live Scan background check typically includes criminal history information that can go back indefinitely. However, for employment purposes, there are restrictions under California law regarding how far back an employer can consider criminal history.

The California Department of Justice, which administers Live Scan, reports all criminal history information it has, but employers are limited by the "seven-year rule" under the California Civil Code. This means that, in most cases, employers can only consider convictions that occurred within the past seven years. However, this rule has exceptions, especially for positions in sensitive areas such as healthcare, where the safety and well-being of others are involved.

For a Certified Nursing Assistant (CNA) position, the requirement for a clean criminal record can be more stringent due to the nature of the work. Misdemeanors and DUIs could potentially be a concern, depending on their nature and the time elapsed since their occurrence.

It's important to be honest and upfront about your past convictions when applying for such positions. You might also want to seek legal advice to understand how your specific background may impact your CNA application and explore if there are any steps you can take to mitigate potential concerns.

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