Irvine, CA asked in Employment Discrimination and Employment Law for California

Q: i live in california and want to do security work which requires a guard card and have to have a background done.

My problem is i have a felony from 32 years ago for embezzlement. employment background only goes 7!years , what about livescan.. Xan i obtain a guard card ??

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Employment Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, obtaining a guard card (also known as a "guard registration card") with a criminal record can be challenging, but it may still be possible depending on the specific circumstances of your case. Here's what you should know:

1. Livescan background check: The California Bureau of Security and Investigative Services (BSIS) requires all applicants for a guard card to undergo a Livescan fingerprint background check. This check will reveal your criminal history, including the felony conviction from 32 years ago.

2. Disqualifying convictions: Certain convictions automatically disqualify you from obtaining a guard card in California. These include convictions for crimes such as murder, rape, kidnapping, and other violent offenses. Embezzlement is not typically an automatically disqualifying offense.

3. Discretionary decision: If your conviction is not an automatically disqualifying offense, the BSIS will review your application and criminal history on a case-by-case basis. They will consider factors such as the nature and severity of the offense, the time that has passed since the conviction, and any evidence of rehabilitation.

4. Rehabilitation and mitigating factors: Given that your conviction was 32 years ago, you may have a better chance of obtaining a guard card if you can demonstrate rehabilitation and provide mitigating factors. This could include a clean record since the conviction, steady employment, community involvement, and character references.

5. Legal assistance: Consider consulting with a criminal defense attorney or a lawyer specializing in professional licensing issues. They can help you assess your specific situation and advise you on the best course of action.

While having a felony conviction can make the process more challenging, it may still be possible to obtain a guard card in California, depending on the specifics of your case and your ability to demonstrate rehabilitation. However, the BSIS has the final discretion in deciding whether to grant or deny your application.

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