My question involves criminal records for the state of: California

This week, I had my Live Scan fingerprinting performed as required for my job as an educator. The Department of Justice (DOJ), informed the employer via email that the Live Scan status is delayed/in-process.

In 2015, I did experience a delay from the DOJ when I had a Live Scan done. (first job in CA see next paragraph for explanation)
I did not experience a delay when I went to work for a new district in 2016-2017
I did not experience a delay when I went to work for a new district from 2017-2019

To provide some history, when I first moved to California in 2015 to work for a district, there was a delay from the DOJ. There is nobody a prospective employee or employer can contact or speak with at the Department of Justice, regarding the background check. The individual or employer can only look up the status of the clearance on a website and districts only receive status emails: delayed/in-process/completed.

In 1992, 27 years ago, I had a misdemeanor charge that the court dismissed and expunged from the record. I was printed when I was accused (it was a domestic incident with a boyfriend while in college, no violence occurred). This dismissed charge had nothing to do with, nor has prevented me from working or interacting with children at any time over my entire professional career. When the delay occurred in 2015 with Live Scan, I discovered that the Department of Justice record was inaccurate and did not show the offense as dismissed and expunged. I filed a “claim of inaccuracy or incompleteness” form with the DOJ and their records were subsequently corrected. I have provided the new employer a copy of such letter.


in 2016, I did not experience a delay when I joined a new district, that Live Scan check was performed on a Thursday and I started with Menifee the following Monday.
In 2017, I did not experience a Live Scan delay when I went to another district

I have assumed that the error in DOJ records had been corrected and permanently resolved, given that I received the DOJ confirmation letter and did not encounter any delays after 2015.


In 2015, when the initial delay occurred, during the second week of the delay, the Director of Special Education for the district went to Personnel and the Assistant Superintendent and asked if I could start immediately.

The Director of SPED explained to leadership that I had clear and valid credentials in teaching, counseling, and as a school psychologist with the State of California and my previous state of residence. The Director further stated that these credentials would not have been issued if there were any other infractions on my record.

The Director also provided district leadership a copy of the court’s dismissal of the charge. The legal representative for the district cleared me for employment and I started the next day. The district did not hear from the DOJ for another two weeks (approximately 30 days after the Live Scan) and the results were confirmed as cleared to employ.

The dismissed and expunged offense, occurred twenty-seven years ago and per the DOJ, the record should absolutely reflect this fact.

When I called my previous district yesterday to follow up on my verification of employment form, the personnel representative stated that, “The DOJ often delays the process quite a bit. Our policy is as long as the potential employee was just working for another district and they have a clear credential, we get them started.”

Since we cannot contact DOJ, does anyone in the legal field in CA have any advice or guidance? I feel like I am reliving a nightmare from 4 years ago. I am not sure if my new employer is going to help or wait for this process to allow me to start work or hire someone else.