Violation

California Code § 87355(e)(3)Clearance Transfers

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 rcfe316 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 § 87355(e)(3) actually says

California Code § 87355(e)(3)

Request a transfer of a criminal record clearance as specified in Section 87355(c) or

From the field

What providers tell us about this citation

Based on community experience, not official guidance.

294 California RCFEs were cited for this, most as Type A. Before a new hire's first shift, confirm the clearance transfer was requested and keep the proof in their file. LPAs pull staff files first, and an untransferred clearance is an immediate Type A citation.

By the numbers

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

316 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 Clearance Transfers

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

Common practices

Request a transfer when hiring staff who already hold a criminal record clearance
Keep proof of the transfer request in the staff member's file
Confirm the clearance before the person works with residents

What to avoid

Letting a new hire start with residents before the clearance transfer is requested
Assuming a prior employer's clearance carries over without a formal transfer
No record showing the transfer was ever requested

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 Clearance Transfers, last 90 days
County	Citations	Facilities	Citation rate
Los Angeles	49	--	--
Orange	48	--	--
Ventura	25	--	--
Riverside	23	--	--
Sacramento	21	--	--
Contra Costa	17	--	--
San Diego	14	--	--
San Bernardino	13	--	--
Alameda	11	--	--
Santa Clara	10	--	--

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 record clearance transfer?

Title 22, Section 87355(e)(3) requires an RCFE to request a transfer of an existing criminal record clearance when it hires someone who already holds one from another licensed facility or licensee. Instead of starting a new background check, the facility asks the Department to move the existing clearance to its license. This keeps a verified, current clearance attached to the person working with residents. Letting someone work before the transfer is requested is the violation.

How common is a missed clearance transfer in California assisted living?

It shows up often in CCLD staffing reviews. As of 2026, 294 California RCFEs were cited under Section 87355(e)(3), across 328 total citations in 25 counties. CCLD treats most of these as Type A, its most serious designation, because an unverified clearance means someone may be working directly with residents without confirmed background screening, a direct and immediate risk. Los Angeles, Orange, and Ventura counties lead the counts.

What happens if an RCFE is cited for not transferring a clearance?

You receive a Type A citation, a plan of correction, and a follow-up visit from a Licensing Program Analyst to confirm the transfer was requested and the staff member is properly cleared. Type A citations carry higher civil penalties than Type B because the resident-safety risk is immediate. If the person worked with residents before clearance, the LPA may also review your hiring and onboarding process for the same gap across other staff.

How do I fix or prevent a missed clearance transfer?

Build the transfer request into your hiring checklist before a new hire's first shift with residents. When a candidate already holds a clearance, request the transfer to your license immediately and keep proof of the request. Do not let anyone work with residents until the clearance is requested and confirmed. Audit current staff files for any clearance that was never transferred, and submit the request for each gap you find.

Does a clearance transfer citation affect my RCFE license?

Yes. Criminal record clearance is core to CCLD's view of resident safety, so a Type A citation here lands in your facility's public record and weighs on the enforcement history CCLD reviews at renewal and during complaints. A single corrected citation is manageable. A pattern of clearance gaps signals weak hiring controls and can lead to stronger CCLD action, including license conditions. Tight onboarding and complete staff files protect your license.

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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