Under California Rule of Court Rule 9.9.5, all active attorneys licensed in California must be re-fingerprinted. In addition, Foreign Legal Consultants (FLC) and Registered In-House Counsel (RIHC) permitted to practice in California pursuant to California Rules of Court are required to resubmit fingerprints when renewing their registration by February 1, 2019. FLC and RIHC attorneys must follow the instructions below:
» View and Print a Prepopulated 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
» Resubmit Fingerprints Within 90 Days of the Initial Rejection Notice
» 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).
» You must download the 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 your fingerprints have been submitted, the Live Scan technician will sign the bottom of the form and give you with a 10-digit ATI number assigned to your finger print impressions, all of which the DOJ and FBI will receive. The attorney 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
» 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 February 1, 2019, before the penalty period begins.
The ATI number
submitted through the
ATI link will be regularly audited against
by the DOJ and FBI. The attorney will be notified if the ATI
number will need to be
resubmitted. The use of fraudulent ATI numbers may lead to
Resubmit Fingerprints When Notified of a Rejection Back to Top
If 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.
Resubmit Fingerprints within 90 days of the Initial Rejection Notice Back to TopIf you do not resubmit your fingerprints within 90 days of the receipt of a rejection notice, your registration in the program will be cancelled.
Penalty for Not Satisfying Fingerprint Requirements by the February Deadline:
1. Registered In-House Counsel
If a participant in the RIHC program fails to meet the fingerprint deadline of February 1, 2019, their registration in the program will not be renewed. The participant will be notified regarding their failure to satisfy the fingerprinting rule requirement and will be instructed to submit fingerprints to the DOJ and FBI by February 25, 2019, or receive a one-time $100 penalty.
On March 4, 2019, all RIHC who have not complied will be canceled and a cancellation letter will be sent to the RIHC employer’s address of record. If an RIHC participant wishes to reinstate their status to active, the attorney must submit the $100 penalty fee, comply with the fingerprinting rule requirement and all other annual renewal requirements before being deemed active in the program. A reinstatement letter will be sent to the RIHC employer’s address of record.
2. Foreign Legal Consultant
If a participant in the FLC program fails to meet the fingerprint deadline of February 1, 2019, the participant will be notified regarding their failure to satisfy the fingerprinting rule requirement and will be instructed to submit fingerprints to the DOJ and FBI by February 25, 2019, or receive a one-time $100 penalty fee.
On March 4, 2019, all FLC’s who have not complied will be terminated from the program and a suspension letter will be sent to the FLC’s address of record and their name will be removed from the State Bar website. If an FLC wishes to reinstate their status to active, the attorney must submit the $100 penalty fee, comply with the fingerprinting rule requirement, and all other annual renewal requirements before being deemed active in the program. A reinstatement letter will be sent to the FLC’s address of record.
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