California Code § 101170(e)(3): Background Check Transfer

📋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)(3): Background Check Transfer?

California Code § 101170(e)(3)

Request a transfer of a criminal record clearance as specified in Section 101170(f) or

💬What Providers Tell Us

Based on community experience — not official guidance

When you hire someone who already has a criminal record clearance from another licensed facility, you must request a transfer of that clearance through CCLD rather than starting a new background check from scratch. Inspectors pull personnel files and check dates closely. The gap between when the person started working and when the transfer was requested is what gets you cited. Submit the transfer request before the employee's first day or on that same day. Don't assume the old clearance 'carries over' automatically since CCLD needs a paper trail showing you initiated the transfer.

facilities cited (last 90 days)

That's 1 in 100 facilities

counties affected

153

most common citation

🆕

New Violation

First citations in past 90 days

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

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

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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.

Sonoma County

1 citations

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Los Angeles 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 is the Criminal Record Clearance Transfer Requirement?

California Code 101170(e)(3) requires facilities hiring someone with an existing criminal record clearance from another licensed facility to formally request a transfer of that clearance through CCLD as specified in Section 101170(f). You cannot assume the clearance carries over automatically when someone changes employers. This matters for your daily operations because every day an employee works without a documented transfer request on file is a potential citation, even if the person's background check is completely clean.

How common is this citation?

According to California CCLD inspection records as of March 15, 2026, 2 facilities have been cited for this violation in the past 90 days across 2 California counties, including Los Angeles and Sonoma. The citation ratio is roughly 1 in 20,000 inspected facilities. This low frequency is somewhat misleading because clearance transfer issues tend to surface only when inspectors audit personnel files during staffing-focused visits, meaning many gaps may go undetected between inspections.

What triggers this citation during an inspection?

Inspectors review personnel files and look for documentation proving you requested the clearance transfer before or on the employee's first working day. Based on CCLD inspection patterns, they compare the documented transfer request date against the hire date in your records. If there's a gap, or if you submitted a brand-new Live Scan instead of requesting the proper transfer, it gets cited. A verbal confirmation from CCLD isn't accepted. Inspectors want written proof: the request form or email confirmation with a date stamp.

How can I prevent this citation?

Submit the transfer request to CCLD before the new employee's first day or on that same day. Verify that the previous clearance is still active before requesting the transfer, since closed facilities or expired exemptions can block the process. Keep a copy of the written transfer request with the date stamp in the employee's personnel file. Don't substitute a new Live Scan for a transfer request. They're different processes and a new scan creates a processing delay.

What should I do if I receive this citation?

Submit the transfer request to CCLD immediately if you haven't already. If the prior clearance is no longer active, initiate a new Live Scan background check right away and document the submission date. Update the employee's personnel file with all dated correspondence. In your Plan of Correction, describe the specific steps you're taking to prevent future gaps, including your updated hiring checklist. 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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