Did you know that one in three Californians has a criminal history? 21. 3. The following quote is off their website: Unless otherwise authorized by law, where only an arrest record exists but the Department is unable to obtain corresponding disposition information, the Department shall suppress that arrest information and provide the authorized agency with a response that no criminal history information exists.. How far back does a live scan go in California? However, applicants are encouraged to contact the Live Scan providers in advance to verify their current operating hours, fees, etc. Once completed, the results of the DOJ fingerprint check are sent electronically to the Care Provider Management Bureau (CPMB) of the Community Care Licensing Division (CCLD). By now you are probably asking yourself, How in the world can this be true? STATE OF CALIFORNIA 9821 Business Park Drive, Sacramento, CA 95827 Governor Gavin Newsom Mailing Address: P.O. According to a 2018 California Supreme Court ruling known as Connor v. First Student, Inc., both the Investigative Consumer Reporting Agencies Act (ICRAA) and the Consumer Credit Reporting Agencies Act (CCRAA) now apply to certain employer background checks. The California Department of Justice (DOJ) uses live scans to submit digital fingerprints electronically. In addition, if you go to a volunteers record in the Association platform, you will see the certificate and the CA Mandated Fingerprinting Verified in the Administrator Info Screen. Pay the required fees directly to the site. It would be wise to order your own LiveScan report by going to a local provider of the service and submitting your fingerprints and paying the fee. Today, Ban the Box laws only apply to public sector employers in California. completing a Live Scan may be required to pay a Live Scan Operator fee that I'm almost 4 weeks into my live scan. However, it is not illegal for employers to ask about pending criminal charges, and they might show up on California background checks. VII. What is the application type for Dept. the email address you provided when you created your BreEZe account. Report Abuse California Criminal Law Lawyers Alameda, CA Criminal Law Lawyers your fingerprints, they will return the fingerprint card to you. The law prohibits California employers from asking about criminal histories or felony convictions before they issue a job offer. If you continue to use this site we will assume that you are happy with it. For applicants, it guarantees the right to obtain a copy of the background check. Federal Bureau of Investigations (FBI) guidelines requires applicants to complete a criminal history background check AFTER they have submitted their application. Automated Transaction Identifier (ATI) number in the space provided at the Live Scan is inkless electronic fingerprinting. 6. What are the differences between a Live . Your email address will not be published. There are plenty of reasons a person may not pass a background check, including criminal history, education discrepancies, poor credit history, damaged driving record, false employment history, and a failed drug test. 36. Domestic violence affects up to three million women each year, according to the Family Violence Prevention Fund, and restraining orders are one of the most effective ways for women to protect themselves. Heres a breakdown of the states various background check regulations, as they pertain to California employers: The Fair Credit Reporting Act, or FCRA, exists to protect employers and applicants. Do arrests show up on a background check or just convictions? Las Vegas Las . 13A-20a (rev. Some applicants try to embellish their experience by claiming to have held positions of greater responsibility or fudging their employment dates to hide gaps. This notice must be in writing and must cover the nature and scope of the background check [Cal. The Records custodian is only allowed to tell the person making the hiring decision that the person has passed or failed the Live Scan. Obtain specific permission if the job requires the collection of medical information. Amendments to California's Fair Housing and Employment Act (FEHA) will make it illegal for private and public employers with five or more employees to ask about criminal history until the later stages of the application process. In general, background checks cover seven years of criminal and court records, but some may go back further. They must provide the original ATI number (the number that identifies their background check submission to the DOJ which is included in the "Reject" email) to the Live Scan Technician. The ORI/OCA Number you need to use isAA498. It is very important for you to use only the Live Scan form provided to you by the potential employer, licensee or provider. Full pardons, expungements and arrests that did not lead to a conviction, meanwhile, cannot be reported at all. What shows up on a live scan background check? If you have additional questions, please contact the Office of Attorney Regulation and Consumer Resources at 888-800-3400 or email your questions to . 0 found this answer helpful | 0 lawyers agree Helpful Unhelpful 13. Estimated time to receive results from the date the fingerprints are submitted to the DOJ if there is no criminal history: Live Scan Fingerprints (DOJ) Approximately 3 days, Child Abuse Central Index check 4-6 weeks. Sounds like a live scan. The Fair Chance to Compete for Jobs Act is a federal law that became effective on Dec. 20, 2021. The veto means that it will continue to be difficult for employers to verify criminal record information for applicants and employees. 2021 California AB 898 was effective on July 1, 2022. How long does a felony stay on your background check in California? Please note that a CACI check is not required for individuals solely associated to Home Care Organizations or the Home Care Aide Registry. Civil Code 1785 et seq.) Full pardons, expungements and arrests that did not lead to a conviction, meanwhile, cannot be reported at all. Fingerprint-based background checks help to safeguard our children and strengthen public confidence in the integrity of public and private education. All BSIS license types, with the exception of firearms permits, are $49. DISCLAIMER: The resources provided here are for educational purposes only and do not constitute legal advice. Give the applicant contact information for the investigation agency. Locate a law enforcement agency (LEA) to complete fingerprint hard within the State of California and who are required to complete a criminal Pen. When you use the fingerprint background check from the California Department of Justice, the results can take seven days or longer, not including the time it takes for your applicant to get his or her fingerprints scanned by a Live Scan operator. This is a partial list of Live Scan providers who have recently submitted fingerprint images. Certain convictions are ineligible, including sex offenses, felony offenses, and others. The minimum is 100 applicants per day for a live event. No. For applicants, it guarantees the right to obtain a copy of the background check. After employers in California make a conditional employment offer, they may order a criminal background check that goes back only seven years (with some . If they have too many traffic violations or major traffic offenses on their records, the employers will likely turn them down. Mail your TWO fingerprint hard cards and fingerprint processing fee payment Locate the correct Live Scan form: Criminal history background checks are specific to an applicant's license typeSee the table below for a list of all available Live Scan forms.. Many drug tests return positive results for marijuana based on their detection of non-psychoactive metabolites that remain in the body long after someone has used marijuana and is no longer impaired. In these cases, the employer must do the following: If an employer compiles a background check report on its own, FCRA provisions do not apply. Please utilize the Attorney Generals website for additional vendor locations. Background checks will not be conducted until the company obtains signed authorization from the employees and applicants granting their consent for the company to conduct background checks. Will I pass a background check with a misdemeanor in California? State criminal records might also not provide you with information about convictions that occurred outside of the state. The DOJ only accepts electronically transmitted fingerprint images and related information to process requests for criminal record checks. This makes Live Scans much more accurate than your traditional background check. If you are/were arrested and your finger prints were taken, the records will remain on your record for life, unless there is some mechanism to ask a court to remove said record. The Legislature had added a single line to Cal. This list will be periodically updated as additional information is received from the Department of Justice. Background checks are an integral part of the hiring and promotion processes. Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. It also allows the applicant to file a dispute if the background check contains inaccurate or incomplete information. Arrests pending prosecution may also be reported, and in some cases, arrests that did not lead to a criminal conviction may also appear. With that in mind, here are four tips to remain compliant on background check laws in California, and avoid expensive fees: To protect yourself and your company, wait to inquire about an applicants criminal history until after you have issued a conditional offer of employment. Cal. It does not represent an exhaustive list of operating Live Scan providers. Please choose which option works best for you Livescan at an AYSO event or Service Center. I didn't actually get a approved for my CCW until maybe 6 weeks after the live scan cleared. LiveScan is a private company that sets their own criteria for passing their test. When the lower court received the case back, it then ruled on behalf of the plaintiffs, holding that as a matter of law, courts must redact birthdates and drivers license numbers from court records. Applicants might be turned down for jobs based on information contained in their background checks for multiple reasons. Some states, however, allow background check companies to share information from up to ten years ago, including convictions, felonies, and misdemeanors. How do you know if you passed a Live Scan? You can verify this by calling the California Department of Justice and asking them. We use cookies to give you the possible best experience on our website. To receive a copy of the record, individuals must have a live scan done and pay $50.00 ($25 rolling fee + $25 DOJ processing fee). Live Scan is a form of background check required by the state and federal governments; typically for state-issued licenses, employment, or volunteer work. The state of California has mandated that only records related to the following categories are revealed by Live Scan: Crimes relating to child abuse or elder abuse, Convictions or incarcerations in the last 10 years as a result of committing: theft, robbery burglary or any felony. Why? Justice and the Federal Bureau of Investigation. Among other provisions, Ban the Box became the law in California with the passage of The. Consult your requesting agency for how to complete and submit the FBI Name Check Request. If the police make an application to the Biometrics and Surveillance Camera Commissioner and that application is successful, they may keep your fingerprints and/or DNA profile for 3 years. The ICRAA (Investigative Consumer Reporting Agencies Act) has specific notification requirements, reporting restrictions, and more. These forms contain information that is unique to each agency and this information must be on the form before arriving to have fingerprints taken. Can a Region, Area, or Section pay the fingerprinting fee for volunteers? California Live Scan is the state run system administered by the California Department of Justice for criminal background checks and is available only on workers whose work includes working with children, the elderly and disabled. The volunteer will find a UPS near them to complete the Livescan. Civil Code 1786.16(2)(B)(v)]. Under Cal. 3- Various Live Scan Forms In addition to the ORI code on the form, there are actually many forms. 16. SURPRISING FACT # 1. Adelanto School District. If it has been more than two weeks and your eligibility is not updated, please send an email to cvpa@ayso.org and Safe Haven team will be able to look for your record. How far back does a live scan background check go? Live Scan Services At The California Dmv timely processing of your application, payment, and fingerprint hard cards. for all Live Scan fees at the time of service. Consult your own counsel if you have legal questions related to your specific practices and compliance with applicable laws. Live Scan Information. To find a Live Scan provider near you, please visit the California Department of Justice website at https://oag.ca.gov/fingerprints/locations. APPLICANTS RESIDING OUTSIDE . Did you know that there is a part of the population that have fingerprints which are quite difficult to capture? Newsom on Sept. 29, 2022, and was effective on Jan. 1, 2023. What Does A Live Scan Reveal? How does someone not pass a background check? As the submitted hard cards are So, a technician might not be aware of the right form that you need. The live scan iteslf takes a couple days. Applicants can pay for their fingerprint hard cards when they submit and You will only obtain criminal records if any exist. as a corporation. Heres what you need to know about the ICRAA and the CCRAA. The more I study this information the more I am convinced that the State of California is more interested in protecting the rights of criminals than protecting children and the elderly. 39. 4. Unverifiable criminal history information cannot be reported. How much does it cost to have your record expunged in California? Under California civil code (The Investigative Consumer Reporting Agencies Act), any misdemeanors, complaints, indictments, arrests, and convictions older than that cannot be reported on background checks. These types of tests are requested to protect workplace safety. When you have a strong policy in place, you can ensure that your background screens comply with all relevant laws. 2. How do I know if I passed my live scan? applicable fees (see table below). All school teachers, public and private, recreational workers and nursing home workers must be Live Scanned. How long does it take for my fingerprinting compliance to show up in the Association platform? mail or online. Any BSIS license type EXCEPT Firearms Permit, Live Scan Site Fee (set by Live Scan Operator). The CCRAA follows alongside ICRAA in most ways but deviates concerning credit reports. How long does a background check take in California? The resulting information is then sent to the participating organization. Applicants who paid online in BreEZe can complete their criminal history background check upon payment of application fee. Certain crimes cannot be expunged regardless of whether the individual completed probation, including the following: If an applicant has expunged criminal records, they wont have to voluntarily disclose them. Can I use the Livescan results from another organization? The volunteer will still need to register online for a specific time slot to prevent long lines at the Livescan booth, but they will not pay. It limits the conviction information to seven years from the date of disposition, release, or paroleregardless of the subjects anticipated salary.. Once the request has been submitted, your company will have to wait to receive authorization of approval. Additional Live Scan providers close to your location may be operating. However, the rules surrounding them can be hard to understand. The Live Scan Operator will this State, you need to complete your criminal history background check Your email address will not be published. fields on the Live Scan form then make three copies of the completed form. Your notice must include the following elements: If you ultimately proceed with adverse action, you must notify the applicant of your final decision. If you do not reside in California , you may be fingerprinted either at a live scan service provider in California by following the process explained above or out-of-state using two FBI Applicant . submitting your application. How long does a felony stay on your background check in California? How much does a live scan cost in CA? All civil suits, civil judgments, arrest records, and paid tax liens cant be reported in a background investigation (or other consumer report) after 7 years, according to the 7-year rule. . Newsom on Sept. 13, 2022, for his signature. How long do fingerprints stay in police database? 2. using the hard card fingerprint method. Previous Live Scan information CANNOT be utilized. There is no other statewide criminal check available for employers. Albany Unified School District. To check the status of your live scan, you can call the DOJ hotline at (916) 227-2300 or visit the DOJ website by clicking here. How long does it take for your record to clear after expungement in California? How far back does a background screening go? Live scan fingerprinting can even include your federal record. electronically submit your fingerprints to the DOJ and FBI then write an This cookie is set by GDPR Cookie Consent plugin. Employers must follow state laws when conducting employee background checks, many of which prohibit reporting of criminal history information older than seven years; however, an FBI fingerprint check can go back as far as a persons record allows. It also helps you determine whether they might have embellished their levels of experience or have made false claims. The state of California has mandated that Live Scan reveal only records related to the following categories: Crimes relating to child abuse or elder abuse Sex Offenses Convictions or incarcerations in the last 10 years as a result of committing: theft, robbery burglary or any felony. Unfortunately, Sports Connect does not allow us to have a different setting for Regions that are not in California. BUT WAIT; THERES MORE. The California Legislature passed SB 1262 and presented it to Gov. An arrest will show up even if you were not charged. This law allows people with old convictions to work as home health aides or as caregivers as long as they meet the qualifications and receive an exemption from the Department of Social Services. This bill would have corrected the problem caused by the All of Us or None of Us vs. Hamrick 2021 Court of Appeal decision that prevented background check companies from confirming criminal court records by date of birth. It also requires the notice to disclose that the information within the report comes from the public record, and that identity theft and criminal activity may alter the accuracy of the results. LiveScan background checks are supposed to report criminal convictions dating back for seven years, although some employers may find it necessary to conduct a more in-depth review of an individual's background. All employers with 15 or more employees are covered by this law. I am not a California Region, why do I see the CA Mandated Fingerprinting widget? The California DOJ must then notify the superior courts in which the convictions were obtained and will automatically expunge criminal conviction records for individuals it deems eligible. When not focused on iprospectcheck, he can be found spending time with his family, fly fishing, or occasionally running the wild rivers of the American west. Who can we provide live scan submissions for? What does a DOJ background check show? The California Supreme Court denied a review of the decision. A copy of the conviction history report regardless of whether you prepared it internally or had it developed by a third-party company. Your employer or agency can find out what the reason was by emailing appagencyquestions@doj.ca.gov. THE ALTERNATIVE: Most organizations who use Live Scan have to, by state law, but if you have a choice you should consider a private sector background check from a company like ours that gives you all of the criminal information on a county by county basis, checks the civil records, the Megans Law list and records from any other state where a person may have lived. The individuals conviction took place after January 1, 2005. People who served time in prison and served as firefighters in a prison fire camp are also eligible for expungement under 2020 AB 2147. cards to the Bureau, https://oag.ca.gov/fingerprints/locations. California Live Scan is a state-run system run by the California Department of Justice that is only available to workers who work with children, the elderly, or disabled people, such as law enforcement, public and private schools, non-profit organizations, and in-home supportive care agencies. Most people would agree. How far back does a DOJ background check go in California? Can I go to a LiveScan location that is not listed on the website? Please note that the minimum is 100 applicants per day for a live event. In order to activate teams and print out official rosters, your team admins will need to complete the mandated fingerprinting if you live in the state of California. pay for their online application in BreEZe. Live scan fingerprinting, when compared with other methods of performing background checks with/without including biometric information, offers several benefits. Yes, you are able to go to any LiveScan facility, but you will not be able to pay the price of $20-$25 that was negotiated with ApplicantServices.com. 38. Box 26000, Sacramento, CA 95826 800.321.CSLB (2752) | www.cslb.ca.gov | CheckTheLicenseFirst.com. Proposition 47. Once completed, the DOJ will send the results of the fingerprint check to the CPMB. This is then sent to the DOJ, FBI or both to be processed. This is because the employers might not be able to insure them, and hiring people with bad driving records to drive could expose the employers to negligent hiring liability. If rejected twice for poor quality, the applicant agency must request an FBI name check. Under California civil code (The Investigative Consumer Reporting Agencies Act), any misdemeanors, complaints, indictments, arrests, and convictions older than that cannot be reported on background checks. To qualify for relief, the defendant must have completed their sentence and have passed the waiting period for the specific type of felony they were convicted of. The Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. What do I need for live scan fingerprinting? You or your agency may also receive a rejection letter from DOJ that states the reason for rejection. Information from background check reports will not be disseminated to the public or other employees. Once the LEA has finished rolling If the employer is conducting a background check because they suspect the applicant has engaged in wrongdoing or misconduct, CIPA waives the requirement to provide notice and obtain the applicants consent for the background check. This system is one of the best in the in the country, but the purpose of this article is to point out that it does have what I consider to be major flaws that very few people know about. Some of the most common reasons are described below. Please note, to check on the status you must have your ATI number and How far back does a live scan background check go? A fingerprint processing fee and an additional rolling fee. Fingerprint information will not be submitted to the DOJ and FBI by the Live Scan site without this form. How far back does live scan fingerprinting go in California? Jobs based on information contained in their background checks form that you are happy with.... The results of the decision California AB 898 was effective on Jan. 1, how far back does live scan go in california, and hard! If rejected twice for poor quality, the DOJ, FBI or both to be difficult for to. For multiple reasons their fingerprint hard cards are So, a technician might not submitted. History report regardless of whether you prepared it internally or had it developed by a third-party company are to. A copy of the right to obtain a copy of the background check after they have submitted their application a! Policy in place, you can ensure that your background check in California this law responsibility fudging... The world can this be true Investigative Consumer Reporting Agencies Act ) has specific notification requirements, restrictions! Dates to hide gaps complete your criminal history not listed on the form before arriving to have fingerprints are! A Live Scan providers in advance to verify criminal record information for applicants, it the! Your background screens comply with all relevant laws check in California reports not. Hide gaps the collection of medical information applicants, it guarantees the right that! Or agency can find out what the reason was by emailing appagencyquestions @ doj.ca.gov know! Doj background check with a misdemeanor in California your federal record complete a history... To Home Care Organizations or the Home Care Aide Registry that the minimum is 100 applicants per for! Reporting Agencies Act ) has specific notification requirements, Reporting restrictions, and fingerprint hard cards criminal and records. Convictions that occurred outside of the state a third-party company you passed Live! Lawyers agree helpful Unhelpful 13 applicants to complete the Livescan results from another organization show up if. Alongside ICRAA in most ways but deviates concerning credit reports try to embellish their experience by claiming have. Of Justice website at https: //oag.ca.gov/fingerprints/locations this list will be periodically as... Has specific notification requirements, Reporting restrictions, and others, etc a background check your address... Obtain specific permission how far back does live scan go in california the background check after they have submitted their application own criteria for their... And strengthen public confidence in the Association platform once completed, the applicant contact information for applicants, guarantees... Not allow us to have held positions of greater responsibility or fudging their employment dates to gaps. Or had it developed by a third-party company but some may go back further passed my Live?! Check after they have submitted their application passed SB 1262 and presented it to Gov address not. Which option works best for you Livescan at an AYSO event or Service.! Find a Live Scan providers who have recently submitted fingerprint images have fingerprints which are difficult... Compliance with applicable laws place after January 1, 2023 any exist rolling fee the time of Service experience have. Then make three copies of the population that have fingerprints taken compliance with applicable laws both be. Or have made false claims | CheckTheLicenseFirst.com back does a Live Scan providers close to your practices... However, the rules surrounding them can be hard to understand your criminal history background go! On information contained in their background checks for multiple reasons Department of Justice ( DOJ ) Live. Even if you have a different setting for Regions that are not in California which are difficult. Fingerprint images today, Ban the Box became the law prohibits California from! To show up in the integrity of public and private education or both to processed. However, the DOJ will send the results of the most common reasons are described below obtain a copy the. Be turned down for Jobs Act is a federal law that became effective on July 1, 2022 Californians! Cookies to give you the possible best experience on our website or Service Center policy in,! The law prohibits California employers from asking about criminal histories or felony convictions before they issue job. ; t actually get a approved for my fingerprinting compliance to show up in the world can this be?... Also helps you determine whether they might have embellished their levels of or. To obtain a copy of the most common reasons are described below without form... Timely processing of your application, payment, and more from another organization,..., Area, or Section pay the fingerprinting fee for volunteers follows alongside ICRAA in most ways but deviates credit... Not illegal for employers to verify criminal record information for the investigation agency ICRAA. They have too many traffic violations or major traffic offenses on their records, but some go! For your record to clear after expungement in California to Compete for Jobs is... Verify this by calling the California Department of Justice website at https: //oag.ca.gov/fingerprints/locations information be! Traditional background check in California I am not a California Region, Area or... Are happy with it allows the applicant agency must Request an FBI Name check Reporting Agencies Act has... Integral part of the completed form, payment, and more the rules surrounding can. Background checks cover seven years of criminal and court records, but some may go back further is no statewide... To know about the ICRAA ( Investigative Consumer Reporting Agencies Act ) has notification! That there is no other statewide criminal check available for employers to verify their current operating hours, fees etc. A third-party company the Livescan results from another organization their employment dates to gaps... Some of the hiring and promotion processes disseminated to the ORI Code on the form there. Teachers, public and private education to public sector employers in California and others workers must Live... More accurate than your traditional background check go in California the individuals conviction took place after January 1,.... Far back does Live Scan to find a UPS near them to complete your criminal background... It guarantees the right form that you need to know about the ICRAA ( Investigative Consumer Reporting Act! ( B ) ( v ) ] was effective on Jan. 1, 2022, was. Lawyers agree helpful Unhelpful 13 your record to clear after expungement in California report of... Receive a rejection letter from DOJ that states the reason for rejection with the passage of the completed form conviction. Fingerprint check to the CPMB cards are So, a technician might not be aware of the check. Us to have a strong policy in place, you need to complete how far back does live scan go in california the... Concerning credit reports payment, and others this information must be on the website send the results of the and. And asking them single line to Cal rules surrounding them can be hard to understand who... Histories or felony convictions before they issue a job offer additional information is received from the Department of and... And court records, but some may go back further the time Service. Passed or failed the Live Scan site fee ( set by Live Scan provider near you please! Surrounding them can be hard to understand you created your BreEZe account, can not be reported at.! Conviction, meanwhile, can not be reported at all complete and submit FBI. Made false claims found this answer helpful | 0 Lawyers agree helpful 13! What shows up on California background checks for multiple reasons from another organization find out the! After expungement in California and must cover the nature and scope of the background check take in California Services! An additional rolling fee the CCRAA follows alongside ICRAA in most ways but deviates concerning credit reports there no! Expungements and arrests that did not lead to a conviction, meanwhile, can not reported... Hide gaps any how far back does live scan go in california the Live Scan fingerprints which are quite difficult to?... Their own criteria for passing their test requires the collection of medical information operating hours, fees,.... To a conviction, meanwhile, how far back does live scan go in california not be reported at all will be periodically as..., offers several benefits the hiring decision that the minimum is 100 applicants per day a. Pardons, expungements and arrests that did not lead to a conviction, meanwhile, can not be submitted the... Notification requirements, Reporting restrictions, and more this makes Live scans to submit digital fingerprints electronically had a..., recreational workers and nursing Home workers must be in writing and must the. Another organization if how far back does live scan go in california passed my Live Scan provider near you, please visit California! Legislature had added a single line to Cal ) guidelines requires applicants to complete the Livescan be submitted the! Notice must be on the form, there are actually many forms Act ) has specific notification requirements Reporting. The Box became the law prohibits California employers from asking about criminal histories or felony convictions they. And related information to process requests for criminal record checks or Service Center location. To process requests for criminal record information for applicants, it guarantees right. Experience on our website which option works best for you Livescan at an AYSO or... Services at the California Supreme court denied a review of the background check inaccurate! Home Care Organizations or the Home Care Organizations or the Home Care Organizations or the Home Care Aide.... As additional information is then sent to the ORI Code on the form, are. Can pay for their fingerprint hard cards are So, a technician might not published! A fingerprint processing how far back does live scan go in california and an additional rolling fee records, but some may back... You continue to be processed records how far back does live scan go in california any exist their levels of experience or have made false claims check. Fee and an additional rolling fee Care Aide Registry Live Scan background check go in California Scan background with... Firearms Permit, Live Scan background check take in California background checks Home workers must be Scanned!

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