My fingerprints were rejected and the State Bar rejection letter is requiring that the Live Scan reference the Original Applicant Tracking Identifier (ATI) for re-submittal. What does that mean?
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.
Can I obtain a copy of the DOJ/FBI criminal offender record information sent to the State Bar?
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.
Can we use our own fingerprint cards?
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.
I went on My State Bar Profile (MSBP) and cannot download the Live Scan form, what should I do?
Non-compliant attorneys should contact the State Bar when unable to download an individualized Live Scan form from their My State Bar Profile.
What security training and certification do Live Scan vendors complete in order to submit fingerprints to the DOJ?
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.
How do I ensure my fingerprints are successfully processed by the Live Scan vendor?
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.
The Live Scan form has the State Bar of California listed as my employer. Is this an error?
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.
Can I use a non-California Live Scan vendor, if I live out of state?
Would it be permissible to amend the Live Scan form, assuming we have authorization from our agency, to include an agency billing number that will allow my employer to cover the cost for submitting fingerprints to the DOJ and FBI?
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.
If my employer is offering to provide Live Scan services and cover the cost, will my employer be receiving my criminal offender record information as a result of the fingerprinting?
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.
