Senate BillNo. 530

30

432.7.  

(a) No employer, whether a public agency or private
31individual or corporation, shall ask an applicant for employment
32to disclose, through any written form or verbally, information
33concerning an arrest or detention that did not result in conviction,
34or information concerning a referral to, and participation in, any
35pretrial or posttrial diversion program, or concerning a conviction
36that has been judicially dismissedbegin insert or ordered sealedend insert pursuant to
37begin delete Section 1203.4end deletebegin insert law, including, but not limited to, Sections 1203.4,
381203.4a, 1203.45, and 1210.1end insert of the Penal Code, nor shall any
39employer seek from any source whatsoever, or utilize, as a factor
40in determining any condition of employment including hiring,
P8    1promotion, termination, or any apprenticeship training program
2or any other training program leading to employment, any record
3of arrest or detention that did not result in conviction, or any record
4regarding a referral to, and participation in, any pretrial or posttrial
5diversion program, or concerning a conviction that has been
6judicially dismissedbegin insert or ordered sealedend insert pursuant tobegin delete Section 1203.4end delete
7begin insert law, including, but not limited to, Sections 1203.4, 1203.4a,
81203.45, and 1210.1end insert of the Penal Code. As used in this section, a
9conviction shall include a plea, verdict, or finding of guilt
10regardless of whether sentence is imposed by the court. Nothing
11in this section shall prevent an employer from asking an employee
12or applicant for employment about an arrest for which the employee
13or applicant is out on bail or on his or her own recognizance
14pending trial.

15(b) Nothing in this section shall prohibit the disclosure of the
16information authorized for release under Sections 13203 and 13300
17of the Penal Code, to a government agency employing a peace
18officer. However, the employer shall not determine any condition
19of employment other than paid administrative leave based solely
20on an arrest report. The information contained in an arrest report
21may be used as the starting point for an independent, internal
22investigation of a peace officer in accordance with Chapter 9.7
23(commencing with Section 3300) of Division 4 of Title 1 of the
24Government Code.

25(c) In any case where a person violates this section, or Article
266 (commencing with Section 11140) of Chapter 1 of Title 1 of Part
274 of the Penal Code, the applicant may bring an action to recover
28from that person actual damages or two hundred dollars ($200),
29whichever is greater, plus costs, and reasonable attorney’s fees.
30An intentional violation of this section shall entitle the applicant
31to treble actual damages, or five hundred dollars ($500), whichever
32is greater, plus costs, and reasonable attorney’s fees. An intentional
33violation of this section is a misdemeanor punishable by a fine not
34to exceed five hundred dollars ($500).

35(d) The remedies under this section shall be in addition to and
36not in derogation of all other rights and remedies that an applicant
37may have under any other law.

38(e) Persons seeking employment or persons already employed
39as peace officers or persons seeking employment for positions in
40the Department of Justice or other criminal justice agencies as
P9    1defined in Section 13101 of the Penal Code are not covered by
2this section.

3(f) Nothing in this section shall prohibit an employer at a health
4facility, as defined in Section 1250 of the Health and Safety Code,
5from asking an applicant for employment either of the following:

6(1) With regard to an applicant for a position with regular access
7to patients, to disclose an arrest under any section specified in
8Section 290 of the Penal Code.

9(2) With regard to an applicant for a position with access to
10drugs and medication, to disclose an arrest under any section
11specified in Section 11590 of the Health and Safety Code.

12(g) (1) No peace officer or employee of a law enforcement
13agency with access to criminal offender record information
14maintained by a local law enforcement criminal justice agency
15shall knowingly disclose, with intent to affect a person’s
16employment, any information contained therein pertaining to an
17arrest or detention or proceeding that did not result in a conviction,
18including information pertaining to a referral to, and participation
19in, any pretrial or posttrial diversion program, to any person not
20authorized by law to receive that information.

21(2) No other person authorized by law to receive criminal
22offender record information maintained by a local law enforcement
23criminal justice agency shall knowingly disclose any information
24received therefrom pertaining to an arrest or detention or
25proceeding that did not result in a conviction, including information
26pertaining to a referral to, and participation in, any pretrial or
27posttrial diversion program, to any person not authorized by law
28to receive that information.

29(3) No person, except those specifically referred to in Section
301070 of the Evidence Code, who knowing he or she is not
31authorized by law to receive or possess criminal justice records
32information maintained by a local law enforcement criminal justice
33agency, pertaining to an arrest or other proceeding that did not
34result in a conviction, including information pertaining to a referral
35to, and participation in, any pretrial or posttrial diversion program,
36shall receive or possess that information.

37(h) “A person authorized by law to receive that information,”
38for purposes of this section, means any person or public agency
39authorized by a court, statute, or decisional law to receive
40information contained in criminal offender records maintained by
P10   1a local law enforcement criminal justice agency, and includes, but
2is not limited to, those persons set forth in Section 11105 of the
3Penal Code, and any person employed by a law enforcement
4criminal justice agency who is required by that employment to
5receive, analyze, or process criminal offender record information.

6(i) Nothing in this section shall require the Department of Justice
7to remove entries relating to an arrest or detention not resulting in
8conviction from summary criminal history records forwarded to
9an employer pursuant to law.

10(j) As used in this section, “pretrial or posttrial diversion
11program” means any program under Chapter 2.5 (commencing
12with Section 1000) or Chapter 2.7 (commencing with Section
131001) of Title 6 of Part 2 of the Penal Code, Section 13201 or
1413352.5 of the Vehicle Code, or any other program expressly
15authorized and described by statute as a diversion program.

16(k) (1) Subdivision (a) shall not apply to any city, city and
17county, county, or district, or any officer or official thereof, in
18screening a prospective concessionaire, or the affiliates and
19associates of a prospective concessionaire for purposes of
20consenting to, or approving of, the prospective concessionaire’s
21application for, or acquisition of, any beneficial interest in a
22concession, lease, or other property interest.

23(2) For purposes of this subdivision the following terms have
24the following meanings:

25(A) “Screening” means a written request for criminal history
26information made to a local law enforcement agency.

27(B) “Prospective concessionaire” means any individual, general
28or limited partnership, corporation, trust, association, or other
29entity that is applying for, or seeking to obtain, a public agency’s
30consent to, or approval of, the acquisition by that individual or
31entity of any beneficial ownership interest in any public agency’s
32concession, lease, or other property right whether directly or
33indirectly held. However, “prospective concessionaire” does not
34include any of the following:

35(i) A lender acquiring an interest solely as security for a bona
36fide loan made in the ordinary course of the lender’s business and
37not made for the purpose of acquisition.

38(ii) A lender upon foreclosure or assignment in lieu of
39foreclosure of the lender’s security.

P11   1(C) “Affiliate” means any individual or entity that controls, or
2is controlled by, the prospective concessionaire, or who is under
3common control with the prospective concessionaire.

4(D) “Associate” means any individual or entity that shares a
5common business purpose with the prospective concessionaire
6with respect to the beneficial ownership interest that is subject to
7the consent or approval of the city, county, city and county, or
8district.

9(E) “Control” means the possession, direct or indirect, of the
10power to direct, or cause the direction of, the management or
11policies of the controlled individual or entity.

12(l) (1) Nothing in subdivision (a) shall prohibit a public agency,
13or any officer or official thereof, from denying consent to, or
14approval of, a prospective concessionaire’s application for, or
15acquisition of, any beneficial interest in a concession, lease, or
16other property interest based on the criminal history information
17of the prospective concessionaire or the affiliates or associates of
18the prospective concessionaire that show any criminal conviction
19for offenses involving moral turpitude. Criminal history
20information for purposes of this subdivision includes any criminal
21history information obtained pursuant to Section 11105 or 13300
22of the Penal Code.

23(2) In considering criminal history information, a public agency
24shall consider the crime for which the prospective concessionaire
25or the affiliates or associates of the prospective concessionaire was
26convicted only if that crime relates to the specific business that is
27proposed to be conducted by the prospective concessionaire.

28(3) Any prospective concessionaire whose application for
29consent or approval to acquire a beneficial interest in a concession,
30lease, or other property interest is denied based on criminal history
31information shall be provided a written statement of the reason for
32the denial.

33(4) (A) If the prospective concessionaire submits a written
34request to the public agency within 10 days of the date of the notice
35of denial, the public agency shall review its decision with regard
36to any corrected record or other evidence presented by the
37prospective concessionaire as to the accuracy or incompleteness
38of the criminal history information utilized by the public agency
39in making its original decision.

P12   1(B) The prospective concessionaire shall submit the copy or the
2corrected record of any other evidence to the public agency within
390 days of a request for review. The public agency shall render its
4decision within 20 days of the submission of evidence by the
5prospective concessionaire.

6(m) Subdivision (a) does not prohibit an employer from asking
7an applicant about a criminal conviction of, seeking from any
8source information regarding a criminal conviction of, utilizing as
9a factor in determining any condition of employment of, or entry
10into a pretrial diversion or similar program by, the applicant if,
11pursuant to Section 1829 of Title 12 of the United States Code or
12any other state or federal law, any of the following apply:

13(1) The employer is required by law to obtain information
14regarding a conviction of an applicant.

15(2) The applicant would be required to possess or use a firearm
16in the course of his or her employment.

17(3) An individual who has been convicted of a crime is
18prohibited by law from holding the position sought by the
19applicant, regardless of whether that conviction has been expunged,
20judicially ordered sealed, statutorily eradicated, or judicially
21dismissed following probation.

22(4) The employer is prohibited by law from hiring an applicant
23who has been convicted of a crime.

26

4852.22.  

Except in a case requiring registration pursuant to
27Section 290, a trial court hearing an application for a certificate
28of rehabilitation before the applicable period of rehabilitation has
29elapsed may grant the application if the court, in its discretion,
30believes relief serves the interests of justice.

33

11105.  

(a) (1) The Department of Justice shall maintain state
34summary criminal history information.

35(2) As used in this section:

36(A) “State summary criminal history information” means the
37master record of information compiled by the Attorney General
38pertaining to the identification and criminal history of any person,
39such as name, date of birth, physical description, fingerprints,
P13   1photographs, dates of arrests, arresting agencies and booking
2numbers, charges, dispositions, and similar data about the person.

3(B) “State summary criminal history information” does not refer
4to records and data compiled by criminal justice agencies other
5than the Attorney General, nor does it refer to records of complaints
6to or investigations conducted by, or records of intelligence
7information or security procedures of, the office of the Attorney
8General and the Department of Justice.

9(b) The Attorney General shall furnish state summary criminal
10history information to any of the following, if needed in the course
11of their duties, provided that when information is furnished to
12assist an agency, officer, or official of state or local government,
13a public utility, or any other entity, in fulfilling employment,
14certification, or licensing duties, Chapter 1321 of the Statutes of
151974 and Section 432.7 of the Labor Code shall apply:

16(1) The courts of the state.

17(2) Peace officers of the state, as defined in Section 830.1,
18subdivisions (a) and (e) of Section 830.2, subdivision (a) of Section
19830.3, subdivisions (a) and (b) of Section 830.5, and subdivision
20(a) of Section 830.31.

21(3) District attorneys of the state.

22(4) Prosecuting city attorneys of any city within the state.

23(5) City attorneys pursuing civil gang injunctions pursuant to
24Section 186.22a, or drug abatement actions pursuant to Section
253479 or 3480 of the Civil Code, or Section 11571 of the Health
26and Safety Code.

27(6) Probation officers of the state.

28(7) Parole officers of the state.

29(8) A public defender or attorney of record when representing
30a person in proceedings upon a petition for a certificate of
31 rehabilitation and pardon pursuant to Section 4852.08.

32(9) A public defender or attorney of record when representing
33a person in a criminal case, or a parole, mandatory supervision
34pursuant to paragraph (5) of subdivision (h) of Section 1170, or
35postrelease community supervision revocation or revocation
36extension proceeding, and if authorized access by statutory or
37decisional law.

38(10) Any agency, officer, or official of the state if the criminal
39history information is required to implement a statute or regulation
40that expressly refers to specific criminal conduct applicable to the
P14   1subject person of the state summary criminal history information,
2and contains requirements or exclusions, or both, expressly based
3upon that specified criminal conduct. The agency, officer, or
4official of the state authorized by this paragraph to receive state
5summary criminal history information may also transmit fingerprint
6images and related information to the Department of Justice to be
7transmitted to the Federal Bureau of Investigation.

8(11) Any city or county, city and county, district, or any officer
9or official thereof if access is needed in order to assist that agency,
10officer, or official in fulfilling employment, certification, or
11licensing duties, and if the access is specifically authorized by the
12city council, board of supervisors, or governing board of the city,
13county, or district if the criminal history information is required
14to implement a statute, ordinance, or regulation that expressly
15refers to specific criminal conduct applicable to the subject person
16of the state summary criminal history information, and contains
17requirements or exclusions, or both, expressly based upon that
18specified criminal conduct. The city or county, city and county,
19district, or the officer or official thereof authorized by this
20paragraph may also transmit fingerprint images and related
21information to the Department of Justice to be transmitted to the
22Federal Bureau of Investigation.

23(12) The subject of the state summary criminal history
24information under procedures established under Article 5
25(commencing with Section 11120).

26(13) Any person or entity when access is expressly authorized
27by statute if the criminal history information is required to
28implement a statute or regulation that expressly refers to specific
29criminal conduct applicable to the subject person of the state
30summary criminal history information, and contains requirements
31or exclusions, or both, expressly based upon that specified criminal
32conduct.

33(14) Health officers of a city, county, city and county, or district
34when in the performance of their official duties enforcing Section
35120175 of the Health and Safety Code.

36(15) Any managing or supervising correctional officer of a
37county jail or other county correctional facility.

38(16) Any humane society, or society for the prevention of cruelty
39to animals, for the specific purpose of complying with Section
P15   114502 of the Corporations Code for the appointment of humane
2officers.

3(17) Local child support agencies established by Section 17304
4of the Family Code. When a local child support agency closes a
5support enforcement case containing summary criminal history
6information, the agency shall delete or purge from the file and
7destroy any documents or information concerning or arising from
8offenses for or of which the parent has been arrested, charged, or
9convicted, other than for offenses related to the parent’s having
10failed to provide support for minor children, consistent with the
11requirements of Section 17531 of the Family Code.

12(18) County child welfare agency personnel who have been
13delegated the authority of county probation officers to access state
14summary criminal history information pursuant to Section 272 of
15the Welfare and Institutions Code for the purposes specified in
16Section 16504.5 of the Welfare and Institutions Code. Information
17from criminal history records provided pursuant to this subdivision
18shall not be used for any purposes other than those specified in
19this section and Section 16504.5 of the Welfare and Institutions
20Code. When an agency obtains records obtained both on the basis
21of name checks and fingerprint checks, final placement decisions
22shall be based only on the records obtained pursuant to the
23fingerprint check.

24(19) The court of a tribe, or court of a consortium of tribes, that
25has entered into an agreement with the state pursuant to Section
2610553.1 of the Welfare and Institutions Code. This information
27may be used only for the purposes specified in Section 16504.5
28of the Welfare and Institutions Code and for tribal approval or
29tribal licensing of foster care or adoptive homes. Article 6
30(commencing with Section 11140) shall apply to officers, members,
31and employees of a tribal court receiving criminal record offender
32information pursuant to this section.

33(20) Child welfare agency personnel of a tribe or consortium
34of tribes that has entered into an agreement with the state pursuant
35to Section 10553.1 of the Welfare and Institutions Code and to
36whom the state has delegated duties under paragraph (2) of
37subdivision (a) of Section 272 of the Welfare and Institutions Code.
38The purposes for use of the information shall be for the purposes
39specified in Section 16504.5 of the Welfare and Institutions Code
40and for tribal approval or tribal licensing of foster care or adoptive
P16   1homes. When an agency obtains records on the basis of name
2checks and fingerprint checks, final placement decisions shall be
3based only on the records obtained pursuant to the fingerprint
4check. Article 6 (commencing with Section 11140) shall apply to
5child welfare agency personnel receiving criminal record offender
6information pursuant to this section.

7(21) An officer providing conservatorship investigations
8pursuant to Sections 5351, 5354, and 5356 of the Welfare and
9Institutions Code.

10(22) A court investigator providing investigations or reviews
11in conservatorships pursuant to Section 1826, 1850, 1851, or
122250.6 of the Probate Code.

13(23) A person authorized to conduct a guardianship investigation
14pursuant to Section 1513 of the Probate Code.

15(24) A humane officer pursuant to Section 14502 of the
16Corporations Code for the purposes of performing his or her duties.

17(c) The Attorney General may furnish state summary criminal
18history information and, when specifically authorized by this
19subdivision, federal level criminal history information upon a
20showing of a compelling need to any of the following, provided
21that when information is furnished to assist an agency, officer, or
22official of state or local government, a public utility, or any other
23entity in fulfilling employment, certification, or licensing duties,
24Chapter 1321 of the Statutes of 1974 and Section 432.7 of the
25Labor Code shall apply:

26(1) Any public utility, as defined in Section 216 of the Public
27Utilities Code, that operates a nuclear energy facility when access
28is needed in order to assist in employing persons to work at the
29facility, provided that, if the Attorney General supplies the data,
30he or she shall furnish a copy of the data to the person to whom
31the data relates.

32(2) To a peace officer of the state other than those included in
33subdivision (b).

34(3) To an illegal dumping enforcement officer as defined in
35subdivision (j) of Section 830.7.

36(4) To a peace officer of another country.

37(5) To public officers, other than peace officers, of the United
38States, other states, or possessions or territories of the United
39States, provided that access to records similar to state summary
40criminal history information is expressly authorized by a statute
P17   1of the United States, other states, or possessions or territories of
2the United States if the information is needed for the performance
3of their official duties.

4(6) To any person when disclosure is requested by a probation,
5parole, or peace officer with the consent of the subject of the state
6summary criminal history information and for purposes of
7furthering the rehabilitation of the subject.

8(7) The courts of the United States, other states, or territories
9or possessions of the United States.

10(8) Peace officers of the United States, other states, or territories
11or possessions of the United States.

12(9) To any individual who is the subject of the record requested
13if needed in conjunction with an application to enter the United
14States or any foreign nation.

15(10) (A) (i) Any public utility, as defined in Section 216 of the
16Public Utilities Code, or any cable corporation as defined in
17subparagraph (B), if receipt of criminal history information is
18needed in order to assist in employing current or prospective
19employees, contract employees, or subcontract employees who,
20in the course of their employment may be seeking entrance to
21private residences or adjacent grounds. The information provided
22shall be limited to the record of convictions and any arrest for
23which the person is released on bail or on his or her own
24recognizance pending trial.

25(ii) If the Attorney General supplies the data pursuant to this
26paragraph, the Attorney General shall furnish a copy of the data
27to the current or prospective employee to whom the data relates.

28(iii) Any information obtained from the state summary criminal
29history is confidential and the receiving public utility or cable
30corporation shall not disclose its contents, other than for the
31purpose for which it was acquired. The state summary criminal
32history information in the possession of the public utility or cable
33corporation and all copies made from it shall be destroyed not
34more than 30 days after employment or promotion or transfer is
35denied or granted, except for those cases where a current or
36prospective employee is out on bail or on his or her own
37recognizance pending trial, in which case the state summary
38criminal history information and all copies shall be destroyed not
39more than 30 days after the case is resolved.

P18   1(iv) A violation of this paragraph is a misdemeanor, and shall
2give the current or prospective employee who is injured by the
3violation a cause of action against the public utility or cable
4corporation to recover damages proximately caused by the
5violations. Any public utility’s or cable corporation’s request for
6state summary criminal history information for purposes of
7employing current or prospective employees who may be seeking
8entrance to private residences or adjacent grounds in the course
9of their employment shall be deemed a “compelling need” as
10required to be shown in this subdivision.

11(v) Nothing in this section shall be construed as imposing any
12duty upon public utilities or cable corporations to request state
13summary criminal history information on any current or prospective
14employees.

15(B) For purposes of this paragraph, “cable corporation” means
16any corporation or firm that transmits or provides television,
17computer, or telephone services by cable, digital, fiber optic,
18satellite, or comparable technology to subscribers for a fee.

19(C) Requests for federal level criminal history information
20received by the Department of Justice from entities authorized
21pursuant to subparagraph (A) shall be forwarded to the Federal
22Bureau of Investigation by the Department of Justice. Federal level
23criminal history information received or compiled by the
24Department of Justice may then be disseminated to the entities
25referenced in subparagraph (A), as authorized by law.

26(D) (i) Authority for a cable corporation to request state or
27federal level criminal history information under this paragraph
28shall commence July 1, 2005.

29(ii) Authority for a public utility to request federal level criminal
30history information under this paragraph shall commence July 1,
312005.

32(11) To any campus of the California State University or the
33University of California, or any four year college or university
34 accredited by a regional accreditation organization approved by
35the United States Department of Education, if needed in
36conjunction with an application for admission by a convicted felon
37to any special education program for convicted felons, including,
38but not limited to, university alternatives and halfway houses. Only
39conviction information shall be furnished. The college or university
40may require the convicted felon to be fingerprinted, and any inquiry
P19   1to the department under this section shall include the convicted
2felon’s fingerprints and any other information specified by the
3department.

4(12) To any foreign government, if requested by the individual
5who is the subject of the record requested, if needed in conjunction
6with the individual’s application to adopt a minor child who is a
7citizen of that foreign nation. Requests for information pursuant
8to this paragraph shall be in accordance with the process described
9in Sections 11122 to 11124, inclusive. The response shall be
10provided to the foreign government or its designee and to the
11individual who requested the information.

12(d) Whenever an authorized request for state summary criminal
13history information pertains to a person whose fingerprints are on
14file with the Department of Justice and the department has no
15criminal history of that person, and the information is to be used
16for employment, licensing, or certification purposes, the fingerprint
17card accompanying the request for information, if any, may be
18stamped “no criminal record” and returned to the person or entity
19making the request.

20(e) Whenever state summary criminal history information is
21furnished as the result of an application and is to be used for
22employment, licensing, or certification purposes, the Department
23of Justice may charge the person or entity making the request a
24fee that it determines to be sufficient to reimburse the department
25for the cost of furnishing the information. In addition, the
26Department of Justice may add a surcharge to the fee to fund
27maintenance and improvements to the systems from which the
28information is obtained. Notwithstanding any other law, any person
29or entity required to pay a fee to the department for information
30received under this section may charge the applicant a fee sufficient
31to reimburse the person or entity for this expense. All moneys
32received by the department pursuant to this section, Sections
3311105.3 and 26190, and former Section 13588 of the Education
34Code shall be deposited in a special account in the General Fund
35to be available for expenditure by the department to offset costs
36incurred pursuant to those sections and for maintenance and
37improvements to the systems from which the information is
38obtained upon appropriation by the Legislature.

39(f) Whenever there is a conflict, the processing of criminal
40fingerprints and fingerprints of applicants for security guard or
P20   1alarm agent registrations or firearms qualification permits
2submitted pursuant to Section 7583.9, 7583.23, 7596.3, or 7598.4
3of the Business and Professions Code shall take priority over the
4processing of other applicant fingerprints.

5(g) It is not a violation of this section to disseminate statistical
6or research information obtained from a record, provided that the
7identity of the subject of the record is not disclosed.

8(h) It is not a violation of this section to include information
9obtained from a record in (1) a transcript or record of a judicial or
10administrative proceeding or (2) any other public record if the
11inclusion of the information in the public record is authorized by
12a court, statute, or decisional law.

13(i) Notwithstanding any other law, the Department of Justice
14or any state or local law enforcement agency may require the
15submission of fingerprints for the purpose of conducting summary
16criminal history information checks that are authorized by law.

17(j) The state summary criminal history information shall include
18any finding of mental incompetence pursuant to Chapter 6
19(commencing with Section 1367) of Title 10 of Part 2 arising out
20of a complaint charging a felony offense specified in Section 290.

21(k) (1) This subdivision shall apply whenever state or federal
22summary criminal history information is furnished by the
23Department of Justice as the result of an application by an
24authorized agency or organization and the information is to be
25used for peace officer employment or certification purposes. As
26used in this subdivision, a peace officer is defined in Chapter 4.5
27(commencing with Section 830) of Title 3 of Part 2.

28(2) Notwithstanding any other provision of law, whenever state
29summary criminal history information is initially furnished
30pursuant to paragraph (1), the Department of Justice shall
31disseminate the following information:

32(A) Every conviction rendered against the applicant.

33(B) Every arrest for an offense for which the applicant is
34presently awaiting trial, whether the applicant is incarcerated or
35has been released on bail or on his or her own recognizance
36pending trial.

37(C) Every arrest or detention, except for an arrest or detention
38resulting in an exoneration, provided however that where the
39records of the Department of Justice do not contain a disposition
P21   1for the arrest, the Department of Justice first makes a genuine effort
2to determine the disposition of the arrest.

3(D) Every successful diversion.

4(E) Every date and agency name associated with all retained
5peace officer or nonsworn law enforcement agency employee
6preemployment criminal offender record information search
7requests.

8(l) (1) This subdivision shall apply whenever state or federal
9summary criminal history information is furnished by the
10Department of Justice as the result of an application by a criminal
11justice agency or organization as defined in Section 13101, and
12the information is to be used for criminal justice employment,
13licensing, or certification purposes.

14(2) Notwithstanding any other provision of law, whenever state
15summary criminal history information is initially furnished
16pursuant to paragraph (1), the Department of Justice shall
17disseminate the following information:

18(A) Every conviction rendered against the applicant.

19(B) Every arrest for an offense for which the applicant is
20presently awaiting trial, whether the applicant is incarcerated or
21has been released on bail or on his or her own recognizance
22pending trial.

23(C) Every arrest for an offense for which the records of the
24Department of Justice do not contain a disposition or did not result
25in a conviction, provided that the Department of Justice first makes
26a genuine effort to determine the disposition of the arrest. However,
27information concerning an arrest shall not be disclosed if the
28records of the Department of Justice indicate or if the genuine
29effort reveals that the subject was exonerated, successfully
30completed a diversion or deferred entry of judgment program, or
31the arrest was deemed a detention.

32(D) Every date and agency name associated with all retained
33peace officer or nonsworn law enforcement agency employee
34preemployment criminal offender record information search
35requests.

36(m) (1) This subdivision shall apply whenever state or federal
37summary criminal history information is furnished by the
38Department of Justice as the result of an application by an
39authorized agency or organization pursuant to Section 1522,
401568.09, 1569.17, or 1596.871 of the Health and Safety Code, or
P22   1any statute that incorporates the criteria of any of those sections
2 or this subdivision by reference, and the information is to be used
3for employment, licensing, or certification purposes.

4(2) Notwithstanding any other provision of law, whenever state
5summary criminal history information is initially furnished
6pursuant to paragraph (1), the Department of Justice shall
7disseminate the following information:

8(A) Every conviction of an offense rendered against the
9applicant, except a conviction for which the applicant has been
10granted relief pursuant to Sectionbegin delete 1203.4.end deletebegin insert 1203.4, 1203.4a,
111203.45, or 1210.1.end insert

12(B) Every arrest for an offense for which the applicant is
13presently awaiting trial, whether the applicant is incarcerated or
14has been released on bail or on his or her own recognizance
15pending trial.

16(C) Every arrest for an offense for which the Department of
17Social Services is required by paragraph (1) of subdivision (a) of
18Section 1522 of the Health and Safety Code to determine if an
19applicant has been arrested. However, if the records of the
20Department of Justice do not contain a disposition for an arrest,
21the Department of Justice shall first make a genuine effort to
22determine the disposition of the arrest.

23(3) Notwithstanding the requirements of the sections referenced
24in paragraph (1) of this subdivision, the Department of Justice
25shall not disseminate information about an arrest subsequently
26deemed a detention or an arrest that resulted in either the successful
27completion of a diversion program or exoneration.

28(n) (1) This subdivision shall apply whenever state or federal
29summary criminal history information, to be used for employment,
30licensing, or certification purposes, is furnished by the Department
31of Justice as the result of an application by an authorized agency,
32organization, or individual pursuant to any of the following:

33(A) Paragraph (9) of subdivision (c), when the information is
34to be used by a cable corporation.

35(B) Section 11105.3 or 11105.4.

36(C) Section 15660 of the Welfare and Institutions Code.

37(D) Any statute that incorporates the criteria of any of the
38statutory provisions listed in subparagraph (A), (B), or (C), or of
39this subdivision, by reference.

P23   1(2) With the exception of applications submitted by
2transportation companies authorized pursuant to Section 11105.3,
3and notwithstanding any other provision of law, whenever state
4 summary criminal history information is initially furnished
5pursuant to paragraph (1), the Department of Justice shall
6disseminate the following information:

7(A) Every conviction rendered against the applicant for a
8violation or attempted violation of any offense specified in
9subdivision (a) of Section 15660 of the Welfare and Institutions
10Code, except a conviction for which the applicant has been granted
11relief pursuant to Sectionbegin delete 1203.4.end deletebegin insert 1203.4, 1203.4a, 1203.45, or
121210.1.end insert However, with the exception of those offenses for which
13registration is required pursuant to Section 290, the Department
14of Justice shall not disseminate information pursuant to this
15 subdivision unless the conviction occurred within 10 years of the
16date of the agency’s request for information or the conviction is
17over 10 years old but the subject of the request was incarcerated
18within 10 years of the agency’s request for information.

19(B) Every arrest for a violation or attempted violation of an
20offense specified in subdivision (a) of Section 15660 of the Welfare
21and Institutions Code for which the applicant is presently awaiting
22trial, whether the applicant is incarcerated or has been released on
23bail or on his or her own recognizance pending trial.

24(o) (1) This subdivision shall apply whenever state or federal
25summary criminal history information is furnished by the
26Department of Justice as the result of an application by an
27authorized agency or organization pursuant to Section 379 or 550
28of the Financial Code, or any statute that incorporates the criteria
29of either of those sections or this subdivision by reference, and the
30information is to be used for employment, licensing, or certification
31purposes.

32(2) Notwithstanding any other provision of law, whenever state
33summary criminal history information is initially furnished
34pursuant to paragraph (1), the Department of Justice shall
35disseminate the following information:

36(A) Every conviction rendered against the applicant for a
37violation or attempted violation of any offense specified in Section
38550 of the Financial Code, except a conviction for which the
39applicant has been granted relief pursuant to Sectionbegin delete 1203.4.end delete
40begin insert 1203.4, 1203.4a, 1203.45, or 1210.1.end insert

P24   1(B) Every arrest for a violation or attempted violation of an
2offense specified in Section 550 of the Financial Code for which
3the applicant is presently awaiting trial, whether the applicant is
4incarcerated or has been released on bail or on his or her own
5recognizance pending trial.

6(p) (1) This subdivision shall apply whenever state or federal
7criminal history information is furnished by the Department of
8Justice as the result of an application by an agency, organization,
9or individual not defined in subdivision (k), (l), (m), (n), or (o), or
10by a transportation company authorized pursuant to Section
1111105.3, or any statute that incorporates the criteria of that section
12or this subdivision by reference, and the information is to be used
13for employment, licensing, or certification purposes.

14(2) Notwithstanding any other provisions of law, whenever state
15summary criminal history information is initially furnished
16pursuant to paragraph (1), the Department of Justice shall
17disseminate the following information:

18(A) Every conviction rendered against the applicant, except a
19conviction for which the applicant has been granted relief pursuant
20to Sectionbegin delete 1203.4.end deletebegin insert 1203.4, 1203.4a, 1203.45, or 1210.1.end insert

21(B) Every arrest for an offense for which the applicant is
22presently awaiting trial, whether the applicant is incarcerated or
23has been released on bail or on his or her own recognizance
24pending trial.

25(q) All agencies, organizations, or individuals defined in
26subdivisions (k), (l), (m), (n), (o), and (p) may contract with the
27Department of Justice for subsequent notification pursuant to
28Section 11105.2. This subdivision shall not supersede sections that
29mandate an agency, organization, or individual to contract with
30the Department of Justice for subsequent notification pursuant to
31Section 11105.2.

32(r) Nothing in this section shall be construed to mean that the
33Department of Justice shall cease compliance with any other
34statutory notification requirements.

35(s) The provisions of Section 50.12 of Title 28 of the Code of
36Federal Regulations are to be followed in processing federal
37criminal history information.

38(t) Whenever state or federal summary criminal history
39information is furnished by the Department of Justice as the result
40of an application by an authorized agency, organization, or
P25   1individual defined in subdivisions (k) to (p), inclusive, and the
2information is to be used for employment, licensing, or certification
3purposes, the authorized agency, organization, or individual shall
4expeditiously furnish a copy of the information to the person to
5whom the information relates if the information is a basis for an
6adverse employment, licensing, or certification decision. When
7furnished other than in person, the copy shall be delivered to the
8last contact information provided by the applicant.