(a) The office and department shall require fingerprint images and associated information from any employee, prospective employee, contractor, subcontractor, volunteer, vendor, and partner agency employee assigned to either the office or the department whose duties include, or would include, having access to confidential or sensitive information or data on the network or computing infrastructure.
(b) The fingerprint images and associated information described in subdivision (a) shall be furnished to the Department of Justice for the purpose of obtaining information as to the existence and nature of any of the following:
(1) A record of state or federal convictions and the existence and nature of state or federal arrests for which the person is free on bail or on his or her own recognizance pending trial or appeal.
(2) Being convicted of, or pleading nolo contendere to, a crime, or having committed an act involving dishonesty, fraud, or deceit, if the crime or act is substantially related to the qualifications, functions, or duties of the person in accordance with this provision.
(3) Any conviction or arrest, for which the person is free on bail or on his or her own recognizance pending trial or appeal, with a reasonable nexus to the information or data to which the person shall have access.
(c) Requests for federal criminal offender record information received by the Department of Justice pursuant to this section shall be forwarded to the Federal Bureau of Investigation by the Department of Justice.
(d) The Department of Justice shall respond to the Chief of Human Resources of the office or the department with information as provided under subdivision (p) of Section 11105 of the Penal Code.
(e) The Chief of Human Resources of the office or the department shall request subsequent arrest notifications from the Department of Justice as provided under Section 11105.2 of the Penal Code.
(f) The Department of Justice may assess a fee sufficient to cover the processing costs required under this section, as authorized pursuant to subdivision (e) of Section 11105 of the Penal Code.
(g) Persons described in subdivision (a) may be rejected if it is determined they meet the criteria described in paragraph (2) or (3) of subdivision (b). If a person is rejected, the individual shall receive a copy of the response record from the Chief of Human Resources of the office or the department.
(h) The Chief of Human Resources of the office or the department shall follow a written appeal process for an individual described in subdivision (a) who is determined ineligible for employment because of his or her Department of Justice or Federal Bureau of Investigation criminal offender record.
(i) When considering the background information received pursuant to this section, the Chief of Human Resources of the office or the department shall take under consideration any evidence of rehabilitation, including, but not limited to, participation in treatment programs and age and specifics of the offense.
(Amended by Stats. 2016, Ch. 31, Sec. 87. (SB 836) Effective June 27, 2016.)
Last modified: October 25, 2018