California Daycare Criminal Record Exemption

How the Background Check Works

Every adult living in or working at a licensed Family Child Care Home in California must pass a background check through the CDSS Caregiver Background Check Bureau (CBCB). The check runs against three databases: the California Department of Justice criminal history system, the FBI national criminal records database, and the California Child Abuse Central Index (CACI).

When your Live Scan fingerprints hit these databases and come back with a criminal history, the process doesn't automatically end. CDSS reviews the results through a formal exemption process to determine whether you can still be licensed — or whether a household member can still reside in your home during operating hours.

Having a criminal record does not automatically disqualify you. But certain offenses do.

Non-Exemptible Offenses

California law identifies offenses that cannot receive an exemption. The specific categories and current treatment of a record should be checked against CDSS Caregiver Background Check Bureau guidance before you rely on an offense-by-offense list.

If any adult who would live in or regularly be present in your home has a non-exemptible conviction, that person cannot be associated with the facility. A non-exemptible conviction can prevent an applicant from being licensed.

Exemptible Offenses

For criminal records that fall outside the non-exemptible categories, CDSS has a formal exemption process. To request an exemption, you submit a Criminal Record Exemption Request through the CBCB. The request must include documentation of rehabilitation: completion of probation or parole, treatment program certificates, employment history showing stability, character reference letters, and a personal statement explaining the circumstances and demonstrating rehabilitation.

CDSS evaluates each request individually, considering the nature and severity of the offense, how much time has passed, the applicant's conduct since the conviction, and the relevance of the offense to caring for children.

The Exemption Timeline

The exemption review adds time to the licensing process. During this period, the individual in question cannot be present in the home during child care operating hours. For an applicant, the license cannot be issued until the review is resolved. For a household member, it means they must arrange to be out of the home whenever the daycare operates.

If the exemption is granted or denied, follow the written CDSS notice for any conditions and review or appeal rights.

Transferring an Existing Background Check

If you or a household member already completed a background check for another licensed facility — a different family child care home, a child care center, or another type of licensed care facility — you don't need to get fingerprinted again. California allows background check transfers between facilities.

The transfer process uses Form LIC 9182 (Transfer of Background Clearance). If the individual has a criminal record exemption, use Form LIC 9188 (Criminal Record Exemption Transfer Request). The process:

1. Complete Form LIC 9182 with your information and the new facility's details
2. Submit the form to the CBCB through the Guardian portal
3. CBCB verifies that the original clearance is still active and that no new criminal activity has been recorded since the original check
4. If verified, the clearance transfers to the new facility; processing time varies

The transfer must be completed before the individual begins working or residing at the new facility. Starting work before the transfer clears is a zero-tolerance violation carrying civil penalties of $100 per day, up to $500 per day.

Transfers have limitations: they operate within California's system. An out-of-state background check cannot be transferred — you'll need a new California Live Scan. Follow current CBCB instructions for whether an existing California clearance remains active.

Expungements and Record Sealing

An expungement or sealing does not by itself guarantee a clearance or exemption. If a record has been expunged or sealed, ask the CBCB or a qualified attorney how it will be treated in the current background-check process.

If you have a criminal history and are considering child care licensing, getting an attorney consultation before starting the Live Scan process is worth the expense. An attorney can tell you whether your specific record falls into the non-exemptible category (saving you the application fees) or help you build the strongest possible exemption package.

Planning Around a Background Check

The background check is typically initiated after the mandatory orientation and after you have the facility information required for the Live Scan. Clearance timing varies; applicants requiring an exemption review should plan for additional review time.

Our California Home Daycare Licensing Guide maps the background check into the full licensing timeline so you can plan your training and application preparation around the clearance window rather than waiting idle for results.

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