LiveScan fingerprinting is widely used for background checks across various industries, including employment, professional licensing, and firearm permits. Many people wonder whether a 5150 hold, which is an involuntary psychiatric hold in California, appears on a LiveScan background check. The answer depends on several factors, including the purpose of the background check and the agencies involved.
What Is a 5150 Hold?
A 5150 hold refers to Section 5150 of the California Welfare and Institutions Code, which allows law enforcement officers or mental health professionals to detain an individual for up to 72 hours if they are deemed a danger to themselves, others, or are gravely disabled due to a mental health crisis. During this period, the individual undergoes psychiatric evaluation and possible treatment.
Does a 5150 Hold Appear on a LiveScan Background Check?
The visibility of a 5150 hold on a LiveScan background check depends on the type of check being conducted and the requesting agency. Here’s how it generally works:
1. Standard Employment Background Checks
Most general employment background checks do not include mental health records or 5150 holds. LiveScan primarily reports criminal history, and a 5150 hold is a civil matter, not a criminal charge. Unless the individual was arrested or charged with a crime in connection with the incident, the hold itself typically does not appear.
2. Firearm-Related Background Checks
If you are applying for a firearm permit or concealed carry license, a 5150 hold may be flagged on your background check. Under California law, individuals placed on a 5150 hold are prohibited from purchasing or possessing firearms for five years. The Department of Justice (DOJ) maintains records of these holds for firearm-related screenings, so a LiveScan for firearm licensing will likely reveal a past 5150 hold.
3. Law Enforcement and Government Positions
For certain high-security positions, especially in law enforcement or government roles, an extensive background check may include mental health history if deemed relevant. Agencies may access state and federal databases that include mental health holds, particularly if they impact public safety.
4. Professional Licensing (Healthcare, Legal, and Security Sectors)
Some professional licensing boards, particularly those regulating healthcare providers, attorneys, or security personnel, may request more comprehensive LiveScan background checks. While a 5150 hold itself is not a criminal record, if it led to legal actions (such as a conservatorship or restrictions on professional practice), it may be considered in licensing decisions.
Can a 5150 Hold Be Expunged or Removed?
Unlike criminal records, which can sometimes be sealed or expunged, a 5150 hold is a medical record rather than a criminal one. However, if the hold resulted in legal consequences, such as a firearm restriction, individuals may petition the court for a review to restore their rights after a certain period.
How to Check Your Own LiveScan Record
If you are concerned about what may appear on your LiveScan background check, you can request a copy of your DOJ criminal history report through a LiveScan fingerprint submission. This allows you to see what potential employers or agencies might find.
To complete a LiveScan background check, visit a certified provider such as Newport Beach LiveScan for accurate and professional fingerprinting services.
Final Thoughts
In most cases, a 5150 hold does not appear on a standard LiveScan background check, as it is a civil matter, not a criminal charge. However, for firearm permits, law enforcement positions, and certain professional licenses, a 5150 hold may be flagged, especially if it impacts legal rights or security clearance. If you’re unsure whether a past 5150 hold will affect your background check, consulting a legal expert or requesting your own LiveScan report can provide clarity.
