Fingerprinting, Disclosure, and Background Review

Pursuant to California law*, all Contractors State License Board (CSLB) license applicants are required to submit a full set of fingerprints for criminal background check. Fingerprints are compared to the records of the California Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI) to determine if the applicant has a criminal history. The questions and answers below will guide you through the fingerprinting process and prevent unnecessary delays in processing your application.

*Business and Professions Code sections 144 and 7069, and California Code of Regulations sections 869.1, 869.2, 869.3, 869.4, and 869.5.

Fingerprinting

Who must be fingerprinted?

All applicants for license and each officer, partner, owner, and responsible managing employee, as well as home improvement salesperson applicants, must be fingerprinted. Individuals currently licensed by CSLB who do not apply for any changes to their license and applicants for a joint venture license are not required to be fingerprinted.

How do I get fingerprinted?

After an application has been accepted by CSLB as complete (also known as "posted"), each individual listed on the application is sent instructions on the process for obtaining and submitting fingerprints and a "Request for Live Scan Service" (form BCII 8016). You must complete the third section (applicant information) in its entirety and take three copies of the completed form to a Live Scan station to have your fingerprints processed and submitted to DOJ and FBI. Live Scan fingerprinting services are available at most local police and sheriff departments, and any public Live Scan site. A listing of Live Scan locations is available at: https://oag.ca.gov/fingerprints/locations.

Please see information below for out-of-state applicants who must submit hard copy fingerprints.

What do I do with the three copies of the Request for Live Scan Service forms after being fingerprinted?

The first copy of the form will be retained by the Live Scan operator. You should retain the second copy of the form for your records. You must submit the third copy of the form to CSLB within 90 days after you receive the packet that contained the Request for Live Scan Service form. Failure to do so may result in your application being voided.

Is there a cost for fingerprinting?

Yes, you are required to pay the Live Scan operator the $32 DOJ fingerprint processing fee and the $17 FBI fingerprint processing fee, as well as the Live Scan "rolling" fee. NOTE: The rolling fees vary because each Live Scan location sets its own fee—CSLB does not set the price. The listing of Live Scan locations includes information about the rolling fee.

What if I'm located outside of California or do not have access to a Live Scan facility?

A. If you do not live in California and do not plan to come to California during the application process, or if you do not have access to a Live Scan site, you will be fingerprinted using hard copy fingerprint cards. For out-of-state residents, the hard copy cards automatically will be generated and sent after your application has been posted. For California residents who do not have access to a Live Scan site, you may contact CSLB's automated telephone system at (800) 321-CSLB (2752) to request hard copy fingerprint cards. When the system answers, press 2-1-4 and provide the requested information. Hard copy fingerprint cards will be sent to you. You must take the cards to a law enforcement agency within the United States to have your rolled fingerprints. Return the cards with the required processing fee of $49 to CSLB for submission to DOJ and FBI. You also may be charged a "rolling" fee by the agency providing the service. Please note that the processing time required for hard copy fingerprint cards is substantially longer than Live Scan fingerprinting, taking three to six months or longer.

I have heard about applicants who had their fingerprints rejected or who had "delays" through DOJ or FBI— what does this mean?

Fingerprint submissions may be rejected if there is a problem with quality of the fingerprint image— whether Live Scan or hard copy cards. Applicants who have had their fingerprints rejected will be asked to make a second attempt at fingerprinting. If there is a second rejection, CSLB will request that DOJ and/or FBI do a name check, which can be a lengthy process.

Delays may occur if DOJ and/or FBI are researching an issue, which also can be a lengthy process. The outcome of a delay may be a clear record or a conviction record.

License Applicants Who Were Convicted of a Crime or Formally Disciplined

License applicants who were convicted of a crime or formally disciplined by another licensing board may be denied a license from the Contractors State License Board (CSLB) in certain circumstances. The following information provides general guidance as to how criminal convictions and formal license discipline are considered by the CSLB to determine a license applicant’s eligibility for licensure and the process for license denial.

Each license applicant is evaluated on a case-by-case basis to determine license eligibility. A criminal conviction or formal license discipline does not automatically preclude an applicant from CSLB licensure.

Fingerprinting for Criminal History Report

The CSLB requires all license applicants to submit a full set of fingerprints for purposes of a criminal history record check. (See Business and Professions Code (BPC), § 144, § 7069, and § 7153.1).

For more information on how to submit fingerprints, see the information at the top of this page or visit this webpage.

Fingerprints must be submitted to the Department of Justice (DOJ) electronically via Live Scan. (See Pen. Code, § 11077.1.) Live Scan is a system for the electronic submission of fingerprints.

To obtain and submit electronic fingerprints, the license applicant must:

1. Complete the CSLB’s Request for Live Scan Service form. This form will be mailed to applicants after the application has been posted (accepted by CSLB as complete).
2. Go to an authorized Live Scan provider with the completed form and driver’s license or other valid form of identification, such as a passport or state DMV I.D., and DOJ processing fee payment.
3. Ensure that the Live Scan technician enters the license applicant’s name in the system exactly as it is on file with the CSLB.
4. If the license applicant has a social security number, ensure that the Live Scan technician correctly enters the social security number in the system.

Live Scan will transmit the fingerprints electronically. If the license applicant cannot submit fingerprints through a Live Scan provider, the license applicant can request fingerprinting hard cards and instructions to be sent to the license applicant by emailing cbu@cslb.ca.gov.

Criminal Convictions, Acts, or Professional Misconduct, and Rehabilitation

Definition of Criminal Conviction

For purposes of license eligibility, a criminal conviction means a judgment following a plea or verdict of guilty or a plea of nolo contendere or finding of guilt, and the time for appeal of the conviction has elapsed, the judgment of conviction has been affirmed on appeal, or an order granting probation is made suspending the imposition of sentence. (BPC, § 7.5, § 480, subd. (h).)

Disclosure of Criminal Conviction on License Application

A license applicant is not required to disclose a criminal conviction on the license application. The CSLB may, however, request mitigating information from a license applicant regarding the applicant’s criminal history for purposes of determining substantial relationship or demonstrating evidence of rehabilitation. (BPC, § 480, subd. (f)(2).)

Any disclosure by a license applicant of mitigating information is voluntary, and an applicant’s decision not to disclose mitigating information will not be a factor in the CSLB’s decision to grant or deny the license application. (BPC, § 480, subd. (f)(2).)

Types of Criminal Convictions Used in Licensing Decisions

Conviction of a crime that is substantially related to the qualifications, functions, or duties of the business or profession for which the application is made may be grounds for license denial if:

A criminal conviction that is older than seven years from the date of the license application may also be grounds for license denial if:

Substantially Related Criminal Convictions, Acts, or Professional Misconduct

The CSLB uses the following criteria to evaluate whether a crime, act, or professional misconduct is substantially related to the qualifications, functions or duties of a licensee.

For the purposes of denial, suspension, or revocation of a license or registration pursuant to Section 141, Division 1.5 (commencing with Section 475), or Sections 7073 or 7123 of the Business and Professions Code (Code), a crime, professional misconduct, or act shall be considered to be substantially related to the qualifications, functions, or duties of a licensee or registrant (under Division 3, Chapter 9 of the Code) if it evidences present or potential unfitness of an applicant, licensee, or registrant to perform the functions authorized by the license or registration in a manner consistent with the public health, safety, and welfare.

In making the substantial relationship determination for a crime, the CSLB considers the following criteria:

Substantially related crimes, professional misconduct, or acts include, but are not limited to, the following:

Rehabilitation Criteria

The license applicant is responsible for submitting evidence, if any, to the CSLB of the applicant’s rehabilitation following a criminal conviction. The CSLB uses the following criteria to evaluate the applicant’s rehabilitation and eligibility for licensure.

When considering the denial, suspension, or revocation of a license or registration pursuant to Division 1.5 (commencing with Section 475) of the Code on the ground that the individual has been convicted of a crime, the CSLB considers whether the applicant, licensee, or registrant made a showing of rehabilitation if the applicant, licensee, or registrant completed the criminal sentence at issue without a violation of parole or probation.

In making this determination, the CSLB considers the following criteria:

If the information above does not apply to the applicant, licensee, or registrant, or the CSLB determines that an applicant, licensee, or registrant did NOT make a showing of rehabilitation based on the criteria above, the CSLB will apply the following criteria in evaluating an applicant's, licensee's, or registrant's rehabilitation:

The CSLB will find that an applicant, licensee, or registrant made a showing of rehabilitation if, after considering the following criteria as well as other circumstances that determine whether more or less time is needed to show rehabilitation, the CSLB finds that the individual is rehabilitated in the following situations:

When considering the denial of a license or registration, the CSLB may consider the applicant rehabilitated if the applicant was convicted of a felony within the preceding seven (7) years from the date of application that is substantially related to the qualifications, functions, or duties of a licensee or registration as defined in Section 868, and five (5) years have passed from the time of the applicant's release from incarceration or completion of probation if no incarceration was imposed, without the occurrence of additional substantially-related criminal activity, professional misconduct, acts, or omissions that also could be grounds for denial. However, this situation does not apply if there is a serious felony, as described below.

When considering the denial of a license or registration on the ground that the applicant was convicted of a crime identified in Section 480(a)(1)(A) of the Code or a felony financial crime as defined in Section 868.1, the CSLB may consider an applicant rehabilitated if seven (7) years have passed from the time of the applicant's release from incarceration or completion of probation if no incarceration was imposed, and the applicant committed no additional substantially-related criminal activity, professional misconduct, acts, or omissions that also could be grounds for denial.

When considering the suspension or revocation of a license or registration, the CSLB may consider a licensee or registrant rehabilitated if the licensee or registrant was convicted of a felony that is substantially related to the qualifications, functions, or duties of a licensee or registrant as defined in Section 868, and seven (7) years have passed from the time of release from incarceration or completion of probation if no incarceration was imposed, without the occurrence of additional substantially-related criminal activity, acts, or omissions that also could be grounds for suspension or revocation.

When considering the denial, suspension, or revocation of a license or registration, the CSLB may consider an applicant, licensee, or registrant rehabilitated if the applicant, licensee, or registrant was convicted of a misdemeanor that is substantially related to the qualifications, functions, or duties of a licensee or registrant as defined in Section 868, and three (3) years have passed from the time of release from incarceration or completion of probation if no incarceration was imposed, without the occurrence of additional substantially-related criminal activity, act(s), or omission(s) that also could be grounds for denial, suspension, or revocation.

For professional misconduct or acts that are substantially related to the qualifications, functions, or duties of a licensee or registrant as defined in Section 868, or for other acts or omissions that are grounds for denial, suspension, or revocation, the CSLB may consider the applicant, licensee, or registrant rehabilitated if three (3) years have passed from the time of commission of the professional misconduct, act(s), or omission(s) without the occurrence of additional substantially-related criminal activity, professional misconduct, act(s), or omission(s) that also could be grounds for denial, suspension, or revocation.

The amount of time needed to demonstrate rehabilitation in the situations described above may be increased or decreased by taking into account the following:

Criminal Conviction Exemptions

The CSLB will not deny a license to an applicant with a criminal conviction if any of the following apply:

The CSLB also will not deny a license on the basis of an arrest that resulted in a disposition other than a conviction, including an arrest that resulted in an infraction, citation, or a juvenile adjudication. (BPC, § 480, subd. (d).)

Process for Denial of an Application

Procedure to Deny a License Application

If the CSLB denies an application for licensure based solely or in part on the applicant’s conviction history, the CSLB will notify the applicant in writing of the following:

Upon denial of an application for a license, the CSLB will do either of the following:

Along with the notice of application denial, the applicant will be provided with the following:

Process if Applicant Appeals License Denial

If a notice of denial is served on the applicant and the applicant submits a timely written request for a hearing, a hearing will be conducted within 90 days from the date the hearing is requested unless the applicant agrees to a postponement or continuance of the hearing. The Office of Administrative Hearings may order, or on a showing of good cause, grant a request for, up to 45 additional days within which to conduct a hearing, except in cases involving alleged examination or licensing fraud, in which cases the period may be up to 180 days. In no case shall more than two such orders be made or requests be granted. (BPC, § 487.)

Except as otherwise provided by law, following a hearing, the CSLB may take any of the following actions:

The CSLB will issue a decision following the hearing. If the license is denied, the decision will inform the applicant: