The depth of a Live Scan background check, often asked as how far back does live scan go, depends on several factors including the type of request, the jurisdiction involved, and the specific databases accessed. In most cases, a Live Scan can reveal criminal records that date back many years, sometimes even a decade or more, but there are important exceptions and nuances that determine exactly what appears on the report That's the part that actually makes a difference..
What Is a Live Scan?
How Live Scan Works
A Live Scan is a digital fingerprinting service that captures an individual’s fingerprints electronically and submits them to the California Department of Justice (CA DOJ) and the Federal Bureau of Investigation (FBI). The system then cross‑references those fingerprints against state and federal criminal databases. The result is a Live Scan background report that lists any matching records, including arrests, convictions, and pending charges Easy to understand, harder to ignore. And it works..
Key Points
- Electronic Capture: Unlike traditional ink‑based fingerprinting, Live Scan uses a scanner that digitizes the prints in real time.
- Instant Submission: The digital fingerprints are transmitted immediately to the DOJ and FBI, allowing for rapid processing.
- Comprehensive Search: The system checks both the California Criminal History Information (CHI) database and the FBI’s Integrated Automated Fingerprint Identification System (IAFIS), providing a broad view of an individual’s criminal history.
Time Frame of Records Returned
State and Federal Databases Coverage
When you ask how far back does live scan go, the answer is rooted in the data stored in these databases:
- California DOJ: Maintains a statewide criminal history file that includes felonies, misdemeanors, and infractions dating back to the 1970s. Most records are retained indefinitely unless they are sealed, expunged, or otherwise removed by law.
- FBI IAFIS: Holds a national repository of fingerprinted criminal records. Federal agencies contribute data, and the FBI retains fingerprints and associated criminal history for as long as the individual’s record exists in the system.
Because both databases are continuously updated, a Live Scan can reveal any criminal record that is still active in the system, regardless of when the offense occurred.
Sealed, Expunged, and Juvenile Records
While the databases are extensive, not all records are displayed:
- Sealed Records: In California, certain convictions may be sealed, meaning they are not accessible to the public or most employers. A Live Scan will not show sealed convictions unless the requester has special clearance (e.g., law enforcement or certain government agencies).
- Expunged Records: Once a court expunges a conviction, the record is removed from the public-facing portion of the DOJ database. Even so, the FBI may still retain the underlying fingerprint data, so an expunged conviction could still appear in a Live Scan if the expungement was not fully propagated.
- Juvenile Records: California law often restricts access to juvenile criminal history. While a Live Scan may capture juvenile arrests, the report may be limited or redacted depending on the requesting agency’s policy.
Factors That Influence the Look‑Back Period
Type of Request (Employment, Licensing, etc.)
Different agencies have varying look‑back requirements:
- Employment Screening: Many private employers request a 7‑year look‑back for non‑financial positions and a 10‑year period for financial or security‑sensitive roles. Still, the Live Scan itself does not limit the data; the employer’s policy does.
- Professional Licensing: Boards for nursing, teaching, real estate, and other professions often require a full Live Scan, meaning all records, regardless of age, are examined.
- Gun Purchases: Federal law mandates a 10‑year background check for firearm acquisitions, and a Live Scan can provide the necessary historical data.
State Laws and Agency Policies
Each state has its own statutes governing how long criminal records are retained and who can access them. For example:
- California: The state keeps most criminal records indefinitely, but Proposition 47 and other reforms have led to some convictions being re‑classified or dismissed, which may affect what appears on a Live Scan.
- Other States: Some states purge older records after a set number of years, so a Live Scan conducted in those jurisdictions may show a shorter history.
Federal vs. State Level Checks
When a Live Scan is used for federal purposes (e.g., federal employment, immigration, or firearms), the FBI’s database is the primary source, and it typically contains a comprehensive, lifelong record. State‑level checks may be more restrictive, especially if the state has a “clean‑record” policy.
Practical Implications for Applicants
Common Scenarios
- Job Applicants: A candidate applying for a position in education or healthcare may undergo a Live Scan that reveals convictions from 15‑20 years ago. This can impact hiring decisions, especially if the role involves working with vulnerable populations.
- Professional Licenses: Individuals seeking a nursing license, for instance, must disclose any criminal history, regardless of when it occurred. A Live Scan that shows a 10‑year‑old felony could lead to denial or conditional approval.
- Volunteer Work: Many organizations require a Live Scan for volunteers working with children or seniors. Even minor offenses from several years back may be scrutinized.
How Long Does It Take to Get Results?
The turnaround time varies:
- Same‑Day Processing: Some Live Scan locations (e.g., police departments) can return results within 24‑48 hours if the request is urgent.
- Standard Processing: Typically, results are mailed or emailed within 5‑10 business days.
- Complex Cases: If the fingerprint matches multiple records or requires manual review, the process can extend to 2‑3 weeks.
Frequently Asked Questions (FAQ)
Does Live Scan show arrests without conviction?
Yes. A Live Scan report includes any criminal justice contact that results in a fingerprint match, including arrests, detentions, and pending charges, even if no conviction follows.
Can I limit what appears on the report?
You cannot directly limit the data shown by the Live Scan system itself. Even so, you may:
- Request a Copy of Your Own Record: Obtain the official “Rap Back” report from the CA DOJ to review what is listed.
- Seek Expungement or Sealing: If you believe certain records are inaccurate or should not be disclosed, you can pursue legal remedies that may remove or hide those entries.
How long does it take for an expunged record to disappear from a Live Scan?
Once an expungement is finalized and the DOJ updates its database, the record typically vanishes within 30‑60 days. Until that update occurs, the Live Scan may still display the older entry It's one of those things that adds up. But it adds up..
Is the Live Scan the only way to get a criminal history report?
No. You can also request a Certificate of Rehabilitation, a Full State Criminal History Report, or a National Criminal History Check through the FBI. Each method accesses slightly different data pools and may have distinct look‑back parameters.
Conclusion
Boiling it down, when you ask how far back does live scan go, the answer is that a Live Scan can reveal any criminal record that exists in the California DOJ and FBI databases, often extending decades into the past. Consider this: the actual look‑back period is shaped by the type of request, state and federal policies, and any legal actions such as sealing or expungement that modify record accessibility. For most employment and licensing purposes, the system provides a comprehensive, lifelong snapshot of an individual’s criminal history, making it a powerful tool for background verification. Understanding the nuances of what is included—and what may be excluded—helps applicants prepare for the scrutiny that a Live Scan entails and ensures they can address any concerns proactively But it adds up..
