California Code § 101170(e)(2): Criminal Record Clearance

📋Type B Violation🏢Affects: Child Care Centers

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

What Is California Code § 101170(e)(2): Criminal Record Clearance?

California Code § 101170(e)(2)

Obtain a California clearance or a criminal record exemption as required by the Department or

💬What Providers Tell Us

Based on community experience — not official guidance

Inspectors pull your personnel files and cross-reference each staff member against the Department's clearance database. They're looking for gaps: someone who started working before their California criminal record clearance came back, or a clearance from another state that was never converted. The most common trigger is a new hire who's been on the floor for two weeks without documentation. Keep a tracking spreadsheet with hire dates, submission dates, and clearance dates for every person, and don't let anyone work unsupervised until the clearance is confirmed in writing.

facilities cited (last 90 days)

That's 1 in 5000 facilities

counties affected

most common citation

📈

Increasing

Last 90 days vs. previous 90 days

7 facilities (was 6)+1 facility

Source: California CCLD inspection records | Data as of Mar 19, 2026. Updated weekly.

7 facilities were cited for this in the last 90 days.

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What Other Providers Do for Criminal Record Clearance

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

✓ Common Practices

Report all material changes to licensing information promptly
Include changes to facility address, ownership, or operations
Notify licensing of changes in key personnel or staff
Update capacity numbers if facility changes affect enrollment
Submit required documentation for any reported changes

❌ Common Mistakes

Letting a new employee start working with children before the criminal record clearance is fully processed. Providers assume submitting the Live Scan is the same as having clearance, but inspectors document anyone working without a completed clearance on file.
Relying on a clearance from a previous employer or another state agency. CCLD requires a clearance specific to your facility. A cleared background check from a school district or out-of-state agency doesn't count.
Failing to track exemption expiration dates. If a staff member received a criminal record exemption rather than a full clearance, that exemption may have conditions or renewal requirements that providers forget to monitor.
Not keeping physical copies of clearance documentation in personnel files. Inspectors check the file during visits. If you can't produce it on the spot, it gets written up even if the clearance exists in the state system.

What's Being Cited in Each Region Over the Past 90 Days

Based on facility inspection reports filed with California's Community Care Licensing Division, here's how this citation appears across different regions in the past 90 days.

Riverside County

2 citations

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Los Angeles County

2 citations

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San Diego County

1 citations

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Santa Clara County

1 citations

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San Bernardino County

1 citations

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Data updated weekly from CCLD public records. Last update: 3/19/2026

A single Type A citation can cost $150–$500+ in civil penalties — not counting the follow-up inspection it triggers.

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Frequently Asked Questions

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

What are Criminal Record Clearance requirements?

California Code Section 101170(e)(2) requires every person working in a licensed childcare facility to obtain a California criminal record clearance or an approved exemption through the Department before having contact with children. This clearance must be specific to your facility through CCLD's own process, meaning clearances from other agencies or states do not transfer. Your facility cannot allow any individual to work unsupervised with children until their California clearance is confirmed in writing.

How common is this citation?

According to California CCLD inspection records as of March 15, 2026, 7 facilities have been cited for this violation in the past 90 days across 5 California counties. That's roughly 1 in 5,714 inspected facilities. Los Angeles and Riverside each account for 2 of those citations, with San Bernardino, San Diego, and Santa Clara rounding out the list. The low overall rate reflects how seriously CCLD treats clearance violations, since working without a completed clearance can trigger immediate enforcement action beyond a standard citation.

What triggers this citation during an inspection?

Inspectors cross-reference every person present at your facility against the Department's clearance database. Based on CCLD inspection patterns, the most common trigger is a new hire who has been working with children for days or weeks after submitting a Live Scan but before the clearance result came back. Inspectors also flag staff whose clearances were issued to a previous employer or another state agency. They check the actual clearance letter in each personnel file, not just the Live Scan receipt.

How can I prevent this citation?

Maintain a tracking spreadsheet with each employee's hire date, Live Scan submission date, and confirmed clearance date. Never allow a new hire to work unsupervised with children until you have written confirmation from CCLD that their clearance is complete. If a staff member received a criminal record exemption rather than a full clearance, set a reminder to monitor any renewal conditions. Keep the original clearance letter in each person's personnel file for immediate access during inspections.

What should I do if I receive this citation?

Remove the affected individual from child contact immediately until their clearance status is resolved. Contact CCLD to verify the current status of the pending clearance and request expedited processing if the application is in progress. Document the corrective action you've taken, including any interim staffing changes. Update your hiring procedures to include a hard stop that prevents anyone from starting work before clearance confirmation. For complex situations, consider consulting a licensed childcare compliance specialist.

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This information is educational and does not constitute legal advice. Consult a licensed childcare 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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