FBI Background check/California

[sandman5941]

What is the name of your state (only U.S. law)? California

Hello, I am wondering if anyone could help me out. I recently accepted a job offer for Los Angeles county. The job required a background check/Live Scan. The Live Scan consisted of a DOJ check and a FBI check. The DOJ check passed without any problem, however the FBI check is still pending after three weeks. I have no criminal record. However, I had an incident about 7 months ago where I was detained by the police and taken to a mental institution for the night, I was never arrested or convicted of a crime. The incident did involve a firearm but no threats, suicide attempts, or anything violent happened. The officer told me I would not be able to purchase a firearm for sometime. I am wondering if this incident would delay, or cause my FBI background check to be denied. The job is a clerk job for a medical center.

 

[davew128]

Please explain how a mental institution held you only for the night? When they have someone brought in its supposed to be 72 hours.

 

[Ladyback1]

Please explain how a mental institution held you only for the night? When they have someone brought in its supposed to be 72 hours.

Only if the person is brought in under police custody/protective custody. If the police has talked the person into admitting themselves, they are considered a voluntary admission and can leave whenever they want.

 

[sandman5941]

Please explain how a mental institution held you only for the night? When they have someone brought in its supposed to be 72 hours.

I don't remember the exact details of why I was not there for 72 hours, but I know I was cleared to go home the next day after being interviewed by the doctor.

 

[Astrolink]

Only if the person is brought in under police custody/protective custody. If the police has talked the person into admitting themselves, they are considered a voluntary admission and can leave whenever they want.

Just wanted to add that I work in a secure mental health facility and if a voluntary patent wants to leave, they fill out a request for discharge and a Psychiatrist has 12 hours to make a decision. This happens quite often, but in over 90% of the time, the Psychiatrist puts them on a 72 hour hold at that time rather than let them go.

 

[sandman5941]

Or if anyone can point me in the right direction to research the law associated with this that would be great. I would appreciate any help. All of the research I have done online does not go into detail, give me an answer, or it just talks about firearm background checks.

 

[quincy]

Or if anyone can point me in the right direction to research the law associated with this that would be great. I would appreciate any help. All of the research I have done online does not go into detail, give me an answer, or it just talks about firearm background checks.

What was the incident with the firearm that led to the police detaining you and taking you to the hospital? The FBI would be aware of any police incident that resulted in you not being allowed to purchase a gun.

 

[sandman5941]

What was the incident with the firearm that led to the police detaining you and taking you to the hospital? The FBI would be aware of any police incident that resulted in you not being allowed to purchase a gun.

I was home on the side of my house with a shotgun and my folks were worried. The police took me to the hospital because I was having an issue with flashbacks and ptsd which I was previously diagnosed after serving time in Iraq. I have an honorable discharge from the military.

 

[sandman5941]

What was the incident with the firearm that led to the police detaining you and taking you to the hospital? The FBI would be aware of any police incident that resulted in you not being allowed to purchase a gun.

I understand about the gun purchasing but I am wondering would it keep me from getting a county job since no arrest was made and there were no charges? I am curious as to why my background check is delayed, but just the FBI, the DOJ passed.

 

[CdwJava]

What is the name of your state (only U.S. law)? California

Hello, I am wondering if anyone could help me out. I recently accepted a job offer for Los Angeles county. The job required a background check/Live Scan. The Live Scan consisted of a DOJ check and a FBI check. The DOJ check passed without any problem, however the FBI check is still pending after three weeks. I have no criminal record. However, I had an incident about 7 months ago where I was detained by the police and taken to a mental institution for the night, I was never arrested or convicted of a crime. The incident did involve a firearm but no threats, suicide attempts, or anything violent happened. The officer told me I would not be able to purchase a firearm for sometime. I am wondering if this incident would delay, or cause my FBI background check to be denied. The job is a clerk job for a medical center.

The FBI check is for criminal records, NOT for a mental health commitment. Unless this is for a firearms clearance, that database should not be checked as part of the livescan background check.

The FBI can sometimes take time in their returns for a number of reasons including a submission error on the part of the submitting agency.

And, for others, a detention for a mental health evaluation in CA can be made for UP TO 72 hours, it does not mean that it MUST or even WILL BE for that amount of time. It can be for less.

 

[quincy]

I understand about the gun purchasing but I am wondering would it keep me from getting a county job since no arrest was made and there were no charges? I am curious as to why my background check is delayed, but just the FBI, the DOJ passed.

First, sandman, I want to thank you for your service to our country, but I am sorry that you are suffering from PTSD and flashbacks as a result of this service in Iraq. I wish you health.

As to employment background checks in California, if there was no conviction, then your police incident cannot be reported. And psychiatric holds that were not court ordered will remain private.

Here is a link on employment background checks in California, published by the Privacy Rights Clearinghouse, that you might find informative:
https://www.privacyrights.org/employment-background-checks-california-focus-accuracy

The Privacy Rights site also provides additional links to the laws that apply.

Good luck in your new job.

 

[sandman5941]

Thank you guys alot for your help. This makes me feel better about the background check!

 

[Silverplum]

As a military mom I also thank you, and want to give you this link: http://www.ptsd.va.gov/ptsd/m/public/where_to_get_help.asp.