Page 1 of 2 1 2 LastLast
Results 1 to 10 of 17
  1. #1
    Join Date
    Apr 2012
    Posts
    9

    Unhappy How Long Will a DOJ Background Check Take

    My question involves labor and employment law for the state of: CA

    I submitted a live scan for a pre-employment background check almost exactly one month ago. I was told that they should have the results back in a week max. When I call the DOJ self help line, it states that my FBI background check was completed within that week, but the DOJ check is still in process! This is the best opportunity I've ever had, and I'm afraid the employer will lose interest in hiring me if this continues to drag on, as they needed me to start asap. Is there a maximum time frame that they have to return the results?

    I have two expunged misdemeanors from a case a few years ago, so I'm sure this accounts for some of the delay. However for this reason I am anxious how they will treat my situation (school district), and I just want to move forward already.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: How Long Will a DOJ Background Check Take

    What is this for? Teaching? Support position?

    The actual results of the scans are generally back within a day or two, longer with the FBI. If this is part of a pre-employment background for a government agency there might be other delays depending on the nature of the job and whether the employer receives electronic or paper submissions from DOJ.

    The expunged misdemeanors shouldn't be an issue at all. The result from DOJ will be what it is, expungements or not. Any delay is likely a bureaucratic one at one end or the other.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  3. #3
    Join Date
    Apr 2012
    Posts
    9

    Default Re: How Long Will a DOJ Background Check Take

    Quote Quoting cdwjava
    View Post
    What is this for? Teaching? Support position?

    The actual results of the scans are generally back within a day or two, longer with the FBI. If this is part of a pre-employment background for a government agency there might be other delays depending on the nature of the job and whether the employer receives electronic or paper submissions from DOJ.

    The expunged misdemeanors shouldn't be an issue at all. The result from DOJ will be what it is, expungements or not. Any delay is likely a bureaucratic one at one end or the other.
    The position is a locksmith/building services position. Sorry, but I don't quite understand what you mean about the result from DOJ being the issue, expungements or not?

    I did read on the DOJ website that the existence of ANY criminal history may delay the results, but this is a bit extreme to me. I just called the help line again, and it states the state DOJ check is still "in process".

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: How Long Will a DOJ Background Check Take

    Quote Quoting notguilty!
    View Post
    The position is a locksmith/building services position. Sorry, but I don't quite understand what you mean about the result from DOJ being the issue, expungements or not?

    I did read on the DOJ website that the existence of ANY criminal history may delay the results, but this is a bit extreme to me. I just called the help line again, and it states the state DOJ check is still "in process".
    What "help line"? Through the school district? Or, through DOJ?

    The reason the type of job is important is because it changes what sort of information the prospective government employer might be able to receive. In your case, they should only receive potentially disqualifying convictions. What were the expunged cases?

    I receive livescan results on prospective employees for my city and I get the results typically within 24-48 hours ... FBI typically takes a week or two for a peace officer candidate, a little less for non-sworn positions. So, the results of your livescan will be available to DOJ almost immediately. Whether they have to manually manipulate it in an electronic or mailed response to a prospective school employer, I don't know for certain. I do know that they will only receive notice of potential disqualifying convictions, so unless your expunged cases would have otherwise been disqualifying, they should not be the holdup.

    However, what I have found with a great many people who say they have expunged cases is that they discover their case was not dismissed as they thought. Sometimes it's because they misunderstood what it means for a case to be expunged, or they thought it happened automatically. I typically recommend a person pay to have their criminal history run through DOJ/FBI so they know what't there and can approach a court for a correction if need be. I cant tell you the number of times I've heard from people who thought a matter was cleared and it wasn't.

    And, if this is for an actual locksmith position, there might be another level of complexity here because it might require bonding and it might also require an additional layer of certification through the state. The BSIS will require a background check for licensing through them as well, so THAT might be the holdup if they are dealing with that additional bureaucracy.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  5. #5
    Join Date
    Apr 2012
    Posts
    9

    Default Re: How Long Will a DOJ Background Check Take

    Quote Quoting cdwjava
    View Post
    What "help line"? Through the school district? Or, through DOJ?

    The reason the type of job is important is because it changes what sort of information the prospective government employer might be able to receive. In your case, they should only receive potentially disqualifying convictions. What were the expunged cases?

    I receive livescan results on prospective employees for my city and I get the results typically within 24-48 hours ... FBI typically takes a week or two for a peace officer candidate, a little less for non-sworn positions. So, the results of your livescan will be available to DOJ almost immediately. Whether they have to manually manipulate it in an electronic or mailed response to a prospective school employer, I don't know for certain. I do know that they will only receive notice of potential disqualifying convictions, so unless your expunged cases would have otherwise been disqualifying, they should not be the holdup.

    However, what I have found with a great many people who say they have expunged cases is that they discover their case was not dismissed as they thought. Sometimes it's because they misunderstood what it means for a case to be expunged, or they thought it happened automatically. I typically recommend a person pay to have their criminal history run through DOJ/FBI so they know what't there and can approach a court for a correction if need be. I cant tell you the number of times I've heard from people who thought a matter was cleared and it wasn't.

    And, if this is for an actual locksmith position, there might be another level of complexity here because it might require bonding and it might also require an additional layer of certification through the state. The BSIS will require a background check for licensing through them as well, so THAT might be the holdup if they are dealing with that additional bureaucracy.
    It is an automated telephone service provided by the DOJ.
    oag.ca.gov/fingerprints/applicants

    The case was an outright bogus case in which I was accused of a felony, but resulted in a misdemeanor each of disturbing the peace, and unlawful tampering with an auto.

    I'm not sure of the status of my case with the DOJ, but my county court website shows the convictions as expunged and dismissed, and I have direct court paperwork that was mailed to me, showing successful expungement/dismissal of my case.

    It is an actual locksmith position, however looking at my copy of the live scan form, it only has "DOJ" and "FBI" boxes checked, for background check to be run through those agencies.

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: How Long Will a DOJ Background Check Take

    Quote Quoting notguilty!
    View Post
    It is an automated telephone service provided by the DOJ.
    oag.ca.gov/fingerprints/applicants

    The case was an outright bogus case in which I was accused of a felony, but resulted in a misdemeanor each of disturbing the peace, and unlawful tampering with an auto.

    I'm not sure of the status of my case with the DOJ, but my county court website shows the convictions as expunged and dismissed, and I have direct court paperwork that was mailed to me, showing successful expungement/dismissal of my case.

    It is an actual locksmith position, however looking at my copy of the live scan form, it only has "DOJ" and "FBI" boxes checked, for background check to be run through those agencies.
    What the county website says and what your CORI (state "rap" sheet) reflects might be different. Hence the reason I suggest to people that they run their own criminal history to make sure.

    I can't explain why there might be a delay in processing your criminal history for your employer unless it has to do with a manual evaluation of something. Electronically, the results are quick. About all you can do is wait.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  7. #7
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: How Long Will a DOJ Background Check Take

    Out of pure curiosity, did you happen to disclose that you had, in fact, been convicted of those misdemeanors on your application? You are required to do so EVEN IF those convictions were expunged. Expunge doesn't mean erase.

  8. #8
    Join Date
    Apr 2012
    Posts
    9

    Default Re: How Long Will a DOJ Background Check Take

    Quote Quoting CourtClerk
    View Post
    Out of pure curiosity, did you happen to disclose that you had, in fact, been convicted of those misdemeanors on your application? You are required to do so EVEN IF those convictions were expunged. Expunge doesn't mean erase.
    Yes.

  9. #9
    Join Date
    Apr 2012
    Posts
    9

    Default Re: How Long Will a DOJ Background Check Take

    This is crazy. Almost two months later and the background check is still "in process" per the DOJ automated line. If I lose this job it will most likely be because they hire someone else due to the length of time it's been, not because I failed the background check.

  10. #10
    Join Date
    Dec 2013
    Posts
    13

    Default Re: How Long Will a DOJ Background Check Take

    Quote Quoting notguilty!
    View Post
    This is crazy. Almost two months later and the background check is still "in process" per the DOJ automated line. If I lose this job it will most likely be because they hire someone else due to the length of time it's been, not because I failed the background check.
    ....or unless you do fail the background check by the employer's standards. Not trying to be negative, but it is possible that could happen.

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Background Checks: Dismissed Bad Check Charge on a Background Check
    By Snuffy81 in forum Employment and Labor
    Replies: 1
    Last Post: 08-25-2012, 02:56 PM
  2. Background Checks: How Long Does it Take for a Charge to Show Up on a Background Check
    By calik in forum Employment and Labor
    Replies: 6
    Last Post: 10-22-2010, 11:47 AM
  3. Background Checks: How Long Will a Felony Show on a Background Check
    By Bunny1954 in forum Employment and Labor
    Replies: 6
    Last Post: 02-11-2010, 03:22 PM
  4. Background Checks: While Companies Check Your Criminal Background, Do They Ever Care to Check Education
    By jarno in forum Employment and Labor
    Replies: 5
    Last Post: 10-15-2009, 05:59 PM
  5. Background Checks: Will a Fingerprint Background Get Different Results Than Name / SSN Background Check
    By chopper1 in forum Employment and Labor
    Replies: 1
    Last Post: 09-20-2009, 09:48 AM
 
 
Sponsored Links

Legal Help, Information and Resources