Fingerprinting Rule Requirements for In-State Attorneys

Under California Rule of Court Rule 9.9.5, all active attorneys licensed in California must be re-fingerprinted. For active attorneys, the timely deadline to be fingerprinted was April 30, 2019 after which the State Bar began to assess penalties in accordance to the State Bar’s penalty schedule. To avoid being placed on Involuntary Inactive status and being listed in State Bar records as “Not Eligible to Practice,” attorneys must be fingerprinted on or before December 1, 2019* in accordance with 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
» Live Scan Vendor Complaint Form
» 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:

Take the Live Scan form to a California Live Scan vendor with proof of identification.
Confirm that the Live Scan technician has entered the correct applicant type and mailing code as listed on the Live Scan form.
Complete the fingerprint impressions pursuant to vendor instructions.
Confirm that the Live Scan technician completes the bottom portion of the form by providing their signature and an Automated Transaction Identifier (ATI) number that is assigned to your fingerprint impressions.
Retain a copy of the Live Scan form with the ATI number for your records. Please do not mail a copy of the Live Scan form to the State Bar. You will need to enter your ATI number in the ATI link located on the MSBP.
Pay the Live Scan vendor for the DOJ and FBI processing fees as well as any costs charged by the vendor.

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 use 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 top
Once 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 (DOJ website)

Proof of Live Scan Submission Back to top
Attorneys must submit their ATI number into the ATI link on their My State Bar Profile. This shall serve as proof of submission of fingerprints to a Live Scan vendor on or before December 1, 2019*, before the second 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 top
If you are notified that your fingerprints have been rejected, please do the following:

Print the State Bar fingerprint rejection notice that is sent to you;
Return to your My State Bar Profile and view and print a new Live Scan form. Write in the required information as detailed on the cover page;
Bring both of these documents to the Live Scan vendor you used initially and resubmit your fingerprints.

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 by December 1, 2019*, your license status will be changed to Involuntary Inactive pursuant to State Bar rule 2.46.

Live Scan Vendor Complaint Form
Live Scan vendors are contracted through the California Department of Justice (DOJ) and are not under the authority of the State Bar of California. Complaints regarding Live Scan vendors may be submitted to the State Bar to be submitted 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 along with the requested attachments to FingerprintRequirements@calbar.ca.gov. The State Bar will then send the documented complaints to the DOJ.

*The fingerprinting deadline falls on Sunday, December 1, 2019. Please note that Active attorneys who still have not complied by day’s end on Monday, December 2, 2019, will be enrolled as Involuntarily Inactive effective December 3, 2019.