Under California Rule of Court Rule 9.9.5, all active attorneys licensed in California must be re-fingerprinted. The State Bar is requiring attorneys to resubmit fingerprints by April 30, 2019. Failure to follow these instructions may be considered non-compliance with State Bar of California fingerprinting rule requirements and may subject attorneys to penalties. In-state attorneys must follow the instructions below:
» Fingerprints Need to Be Taken by a Live Scan Vendor
» View and Print Pre-populated Live Scan Form
» Live Scan Vendors in California and Related Fees
» Automated Transaction Identifier Number
» Proof of Live Scan Submission
» Resubmit Fingerprints When Notified of a Rejection
» Return to Fingerprinting Rule Requirements Menu
» Return to My State Bar Profile
Fingerprints Need to Be Taken by a Live Scan Vendor Back to top
If you live in California, you need to obtain a prepopulated Live Scan form issued by the State Bar to submit your fingerprints to the California Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI).
» Attorneys must download a prepopulated Live Scan form via My State Bar Profile.
Once you have the Live Scan form:
Live Scan Vendors in California and Related Fees Back to top» Certified Live Scan vendors (DOJ website)» Fingerprint processing fees (DOJ website)
Each attorney will be responsible for covering the cost related to submitting the fingerprints to the DOJ and FBI.
The cost for a DOJ and FBI background check is $49: $32 for the DOJ and $17 for the FBI.
The costs for the Live Scan vendor to physically take your fingerprints differ by vendor and can range from $5 to $75, with an average cost of $33.
Contact the Live Scan provider in advance to verify operating
hours, fees, payment methods, walk-in policies, etc. Attorneys must present
valid photo identification to the Live Scan technician. Expired identification
will not be accepted.
Please note, there are no specifically designated Live Scan vendors contracted with the State Bar to offer Live Scan services to attorneys for the purpose of complying with the Fingerprinting Rule. Attorneys can choose to use a Live Scan vendor that is contracted to submit fingerprints to the DOJ and generate an ATI number.
Attorneys who work for a government agency can us their agency's internal Live Scan services. Your employer will not receive information regarding criminal history as a result of submitting your fingerprints. The State Bar will be the only entity receiving your information once you submit your fingerprints using the pre-populated Live Scan form obtained from your My State Bar Profile or a State Bar authorized fingerprint card. The State Bar is prohibited from sharing your criminal offender record information with outside entities.
Regardless of the Live Scan service, attorneys should always check that the Live Scan provider they use is certified by the DOJ and that you obtain an ATI number after fingerprint impressions have been taken.
Automated Transaction Identifier (ATI) Number Back to topOnce fingerprints have been submitted, the Live Scan
technician will sign the bottom of the Live Scan form and provide a
10-digit ATI number assigned to your fingerprint impressions, all of which the
DOJ and FBI will receive. Attorneys must retain the ATI number as proof of
submitting fingerprints to the Live Scan vendor.
The Live Scan technician will submit your fingerprints
electronically to the DOJ and FBI. It takes about 3 to 14 business days
for the State Bar to receive confirmation of an attorney’s fingerprint
submission. The State Bar cannot predict delays in this process.
» See more information on the
background check process and potential causes for delay
Proof of Live Scan Submission Back to topAttorneys must submit their ATI number into the ATI link. This shall
serve as proof of submission of fingerprints to a Live Scan vendor by April 30,
2019, before the penalty period begins.
The ATI number submitted through the ATI link will be regularly audited against
notifications that the State Bar receives from the DOJ and FBI. ATI
numbers generated from fingerprints submitted to another agency will not be
accepted. Attorneys must enter an ATI number that was obtained by submitting fingerprints
using the State Bar live scan form for the purpose of complying with the
fingerprinting rule requirement. It is the responsibility of the
attorney to enter the correct ATI number. The State Bar will notify
the attorney of the need to resubmit fingerprints if and when the DOJ cannot
confirm the ATI number or if the ATI number is already in use by another
agency. The use of a fraudulent ATI number may lead to disciplinary action.
Resubmit Fingerprints When Notified of a Rejection Back to topIf you are notified that your fingerprints have been rejected, please do the following:
You should not be charged for additional DOJ and FBI fees if you provide the vendor a copy of the State Bar fingerprint rejection notice. The Live Scan vendor may, however, charge its fee again for the second submission of fingerprints.
The Live Scan vendor will complete the new Live Scan form and provide you with a new ATI number. Return to your My State Bar Profile and enter the new ATI number.
You may also choose to go to a different Live Scan vendor. If you choose to do so, however, you will have to pay the DOJ and FBI processing fees again, on top of any additional vendor fees.
If you do not resubmit your fingerprints within 90 days of receipt of the rejection notice or by April 30, 2019, (whichever comes later), you will be penalized $75. After that you will be required to resubmit your fingerprints by August 1, 2019, or you will be penalized an additional $100. If you have not resubmitted your fingerprints by December 1, 2019, your license status will be changed to inactive.
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