Violation

California Code § 87412(a)(13)(B)Criminal Clearance Files

How CCLD inspectors cite this regulation, what providers do to stay clear of it, and where it appears in the public record.

Type A, seriousAffects rcfe34 facilities cited in the last 90 days

ℹ️ Educational reference based on public CCLD inspection records. Not legal or compliance advice. Verify requirements with official sources. Full disclaimer →

Regulation text

What California Code § 87412(a)(13)(B) actually says

California Code § 87412(a)(13)(B)

Documentation of either a criminal record clearance or a criminal record exemption as required by Section 87355(e).

From the field

What providers tell us about this citation

Based on community experience, not official guidance.

Allowing a single employee to work without a documented clearance triggers a Type A citation. Never let new hires begin shifts until their background check confirmation is securely filed in your personnel records.

By the numbers

34^*CCLD: facilities cited in the last 90 days
13^*CCLD: counties where this citation appeared
--^*CCLD: rank among most-common citations
Trajectory: Steady

34 facilities were cited for this in the last 90 days. See if yours is one of them.

Check a facility

What other providers do

Common practices to stay clear of Criminal Clearance Files

Common practices shared by providers. Confirm requirements with your licensing analyst.

Common practices

Maintain a criminal record clearance for all staff.
Keep exemption documentation on file if applicable.
Store these records in individual personnel files.

What to avoid

Allowing new hires to work pending their background check results.
Failing to update clearances when employees transfer roles.
Misfiling exemption documents during personnel audits.

Regional record

Where this citation appeared in the past 90 days

Citation counts and rates by California county, drawn from CCLD inspection records.

Regional citations for Criminal Clearance Files, last 90 days
County	Citations	Facilities	Citation rate
San Bernardino	5	--	--
Los Angeles	4	--	--
Solano	3	--	--
San Mateo	3	--	--
Placer	2	--	--
Ventura	2	--	--
Sacramento	2	--	--
Contra Costa	2	--	--
Madera	1	--	--
Orange	1	--	--

SOURCE

*CCLD: California Community Care Licensing Divisionviolation_citations2026-05-30Updated weekly

FAQ

Frequently asked questions

Answers based on public CCLD data and regulation text. May not reflect recent changes.

What is a criminal clearance documentation violation in assisted living?

Title 22, Section 87412(a)(13)(B) requires California RCFEs to keep documentation of a criminal record clearance or exemption for every employee. This ensures staff working directly with residents have passed state background checks and do not pose a safety threat. Personnel files must contain this verification before a new hire starts working.

How common are criminal clearance violations in California assisted living?

According to CCLD inspection data, 29 California RCFEs were cited for failing to properly document staff clearances. This is classified as a Type A citation because uncleared staff present a direct and immediate risk to resident safety. Having the correct paperwork on file is a fundamental security requirement for any assisted living community.

What happens if an RCFE is cited for missing staff clearances?

Your facility receives a Type A citation, which requires immediate corrective action. Type A citations carry higher civil penalties than Type B deficiencies because the risk to residents is severe. You must provide the missing documentation to the analyst or remove the employee from the facility immediately until the clearance is verified.

How do I fix or prevent missing criminal clearance documentation?

Require clearance documentation before allowing any new hire to start their first shift in your community. Audit your personnel files monthly to verify every active employee has a clearance or exemption on file. LPAs request staff rosters during every visit and will compare them against your available personnel documentation.

Does hiring an uncleared worker affect my RCFE license?

Yes. Allowing individuals to work without clearance documentation is a severe violation of state law. CCLD will issue an immediate Type A citation and may take adverse action against your RCFE license if the facility repeatedly fails to verify employee backgrounds. Conditional licenses or temporary suspensions are possible if the issue remains uncorrected.

Related violations

Other citations in this regulation family

This information is educational and does not constitute legal advice. Consult a licensed residential care compliance consultant for guidance specific to your facility. Citation data is sourced from California Community Care Licensing Division public records and is refreshed regularly.

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