Frequently Asked Questions: Fingerprinting Rule Requirement

You have two options: (1) You can return to California and follow the instructions for being re-fingerprinted by a Live Scan vendor using the same OATI number; OR (2) You can order fingerprint cards and follow the instructions for out-of-state attorneys or out-of-country attorneys.

You can email the State Bar and request a copy of your DOJ/FBI rejection notice. These notices include information on the reason why the DOJ and/or FBI rejected your fingerprints. The State Bar reviews each response and provides attorneys with a rejection email that summarizes the reason for the rejection and details the necessary steps to successfully resubmit fingerprints.

Live Scan vendors are contracted through the DOJ and are not under the authority of the State Bar. Live Scan vendor complaints may be submitted to the State Bar, which will be sent to the DOJ. If you recently submitted your fingerprints through a DOJ-contracted Live Scan vendor and have had a negative experience, we encourage you to complete the Live Scan Vendor Complaint Form and email the completed form to the State Bar.

It depends. Not all U.S. Embassies and Consulates provide fingerprinting services. You should contact the embassy or consulate to confirm whether you can have your fingerprints taken. Another option will be to contact your local enforcement agency to request this service.

No. If you already reported criminal information to the State Bar in the moral character process or under the self-reporting mandate, you are not required to report the same information again.

California Rule of Court Rule 9.9.5, requires all active attorneys to be re-fingerprinted. This is done to ensure that the State Bar is in compliance with Business and Professions Code Section 6054, which requires the State Bar to receive notifications of attorney arrests and convictions from the California Department of Justice (DOJ).

For the past 30 years the State Bar has been statutorily required to receive notification of subsequent arrests and convictions from the DOJ. Until 2018, the State Bar was out of compliance with this statutory mandate.

The only way for the State Bar to come fully into compliance is to re-fingerprint licensed attorneys. Although attorneys were fingerprinted at the time of admission to the State Bar, unfortunately neither the State Bar nor the DOJ retained those fingerprints for future notification services.

We apologize for our previous failure to comply with a statutory mandate, and for any inconvenience that may result from the re-fingerprinting attorneys will need to undergo. However this is a new State Bar focused on regulation and public protection. This Rule of Court enables statutory compliance and reflects the State Bar’s commitment to protecting the public.

The State Bar does not oversee Live Scan vendors and cannot endorse or recommend vendors to attorneys.The DOJ has a list of certified Live Scan vendors. Attorneys are encouraged to select a California DOJ certified Live Scan vendor.

No. Once you have submitted your fingerprints through a Live Scan vendor and received an ATI number, you should retain a copy of the Live Scan form for your records.

Upon submission of the ATI number on the Proof of Live Scan Submission page, the fingerprinting requirements status will be updated.

Your My State Bar Profile will indicate the steps you must take to satisfy the fingerprinting rule requirement. Compliance with the Rule will be effective on the date you submit proof that you were fingerprinted pursuant to the State Bar’s instructions. For more information go to your My State Bar Profile.

Yes. A United States embassy or consulate, as well as local law enforcement agencies, may provide the necessary fingerprinting services. 

Failure to comply with State Bar fingerprinting rule requirements will result in the suspension of your license.

The State Bar will not be informing attorneys when their fingerprinting results have been received by the State Bar.  Rather, attorneys are advised when they are in compliance with California Rule of Court 9.9.5 and that their fingerprints have been successfully submitted to the DOJ.  The State Bar cannot advise on how long an initial background check takes, as this may vary.  Additionally, since the process is an ongoing one entailing subsequent notifications from the DOJ in the future, the State Bar cannot advise an attorney that a background check is “complete.”

Criminal information reports received by the State Bar from the DOJ are required to be kept confidential.  If you would like to request a copy of a DOJ record relating to yourself, you must request that record from the DOJ pursuant to procedures set forth in the California Penal Code. See Ca. Penal Code sections 11122-11123.

If you are at an overseas fingerprint vendor and the technician fails to sign the fingerprinting cards, please contact FingerPrinting Card Request for further assistance.

Compliance pending status means the active attorney will not be penalized because the State Bar received evidence the attorney attempted to comply with the Fingerprinting Rule Requirements. However, the fingerprints have not been successfully processed by both the DOJ and FBI. The attorney may be asked to re-submit fingerprints if the State Bar does not receive confirmation the fingerprints were processed successfully by the DOJ/FBI.

When the DOJ/FBI rejects an individual’s fingerprints, the individual must be re-fingerprinted by the same Live Scan vendor to avoid paying another processing fee. The Live Scan vendor must submit the subsequent set of fingerprints as a re-submittal using the Original Applicant Tracking Identifier (OATI). The OATI refers to the ATI number that is associated with the fingerprints that were previously rejected. If the Live Scan vendor does not enter the OATI correctly or fails to enter the OATI when submitting the subsequent set of fingerprints, the DOJ/FBI will not associate the subsequent set of fingerprints as a re-submittal. The OATI indicates to the DOJ/FBI there were a previous set of fingerprints submitted through the Live Scan process and rejected. Attorneys should contact the State Bar when a Live Scan vendor fails to re-submit the fingerprints correctly and multiple rejections occur.

The State Bar is unable to provide you with a copy of confidential information received from the Department of Justice. Only those authorized entities or persons authorized by statute may obtain access to DOJ records. If you would like to request a copy of a DOJ record relating to yourself, you must request that records from the DOJ pursuant to procedures set forth in the California Penal Code. See Ca. Penal Code sections 11122-11123.

No. Out-of-state attorneys and out-of-country attorneys must obtain fingerprint cards through the State Bar. The cards can be requested by logging into the MSBP. If the out-of-state fingerprint vendor is unable to process the cards issued by the State Bar, the attorney must contact FingerPrinting Card Request for further assistance. Failure to follow State Bar procedures may result in non-compliance with the fingerprinting rule.

Non-compliant attorneys should contact the State Bar when unable to download an individualized Live Scan form from their My State Bar Profile.

The State Bar has no authority and involvement with the security training and certification of Live Scan vendors. California law requires any individual who rolls fingerprints manually or electronically for licensure, certification and/or employment purposes to be certified by the state Department of Justice (Penal Code section 11102.1). For more information go to the California Department of Justice website.

Review the Live Scan Form Check List attached to your prepopulated Live Scan form that you obtained via your My State Bar profile. When completing the form you must write in the following: sex, height, weight, eye color, hair color, place of birth, social security and address. You may need to write in any additional middle names. Please contact the State Bar, if your personal information is inaccurate. The form is prepopulated with specific codes required by the DOJ.

It is important to verify with the Live Scan vendor to prevent the rejection of your fingerprints. Review the cover page and Live Scan form with your Live Scan technician. Confirm technician has accurately entered the information into the Live Scan program.

No, this is not an error. The DOJ Live Scan process requires the employer section of the form to indicate “The State Bar of California.” As part of DOJ and FBI procedures for sharing any criminal offender record information, the entity receiving this information must be listed under the employer section of the Live Scan form. The Live Scan vendor must enter specific information provided on the Live Scan form into the Live Scan software to ensure any information regarding the person’s criminal offender record information goes to the correct agency.

Please do not modify the prepopulated Employer section of the form. Changes to this section could result in failure to successfully submit your fingerprints to the DOJ.

No. You must use a California Live Scan vendor that is contracted to submit your fingerprint to the California DOJ. For more information, please go to Fingerprinting Rule Requirements for Out-of-State Attorneys.

Yes, attorneys are allowed to modify the Live Scan form to include their employer’s agency billing number on the billing number line. Attorney must confirm that their agency has an active account with the DOJ and the Live Scan vendor to pay fingerprinting fees.

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.

You can use any Live Scan service as long as the vendor has a contract with the California DOJ to submit your fingerprints and can provide you with an ATI number.