Existing law requires the Department of Justice to provide subsequent state or federal arrest or disposition notification to the State Department of Social Services, the Medical Board of California, the Osteopathic Medical Board of California, and other authorized entities to assist in, among other things, fulfilling employment, licensing, or certification duties. Existing law requires an entity, other than a law enforcement agency, as defined, to enter into a contract with the Department of Justice in order to receive notification of subsequent state or federal arrests or dispositions for licensing, employment, or certification purposes.
This bill would authorize the department to submit fingerprints to the Federal Bureau of Investigation (FBI) , where they will be retained for the purpose of being searched against future submissions to the FBI, as specified. The bill would authorize the department to search latent fingerprint images against all retained fingerprint submissions. The bill would also authorize the department to collect fees for federal subsequent notification services and remit the fees to the FBI.
Existing law authorizes a human resource agency or an employer to request from the Department of Justice records of all convictions or any arrest pending adjudication involving specified offenses of a person who applies for a license, employment, or volunteer position in which they would have supervisory or disciplinary power over a minor or any person under their care. Existing law requires a request for records to include the applicant's fingerprints and any other data specified by the department. Existing law requires the department to furnish the information to the requesting employer and to send a copy of the information to the applicant.
This bill would establish procedures for the department, human resource agency, and employer to follow when a request is made to the department for the conviction and arrest records described above, including that the department, upon receipt of a background check report lacking disposition data, would be required to conduct research, as specified, to obtain complete data, that the human resource agency or employer would be required to retain a waiver signed by the applicant, employee, or volunteer allowing the release of state and federal level criminal history information, and that a human resource agency or employer would be required to notify the person in writing of their right to obtain a copy of any background screening report, as specified, to challenge the accuracy and completeness of any information contained in the report, and to obtain a determination as to the validity of that challenge before a final determination regarding the person is made by the human resource agency or employer reviewing the criminal history information. The bill would exempt the state, as specified, from liability for damages for providing the information requested pursuant to the act or resulting from the fitness determination made by the human resource agency or employer.

Statutes affected:
SB826: 11105.2 PEN, 11105.2 PEN, 11105.3 PEN, 11105.3 PEN, 851.86 PEN
02/17/23 - Introduced: 851.86 PEN
03/21/23 - Amended Senate: 11105.2 PEN, 11105.2 PEN, 11105.3 PEN, 11105.3 PEN, 851.86 PEN
SB 826: 851.86 PEN