Existing law directs the Attorney General to furnish state summary criminal history information, as defined, to specified individuals, organizations, and agencies when necessary for the execution of official duties or to implement a statute or regulation. Existing law also directs the Attorney General to disseminate federal criminal history information when specifically authorized and upon a showing of compelling need. 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 individuals, organizations, and agencies to request a fingerprint-based criminal history information check from the Department of Justice. This bill would establish a process for communication between the department and the Federal Bureau of Investigation and require a department response to the requesting individual, organization, or agency. This bill would prohibit the department from requiring the applicant's residence address for the purpose of these requests. The bill would additionally prohibit the department from providing any information related to these requests to any other entity, including other governmental entities.

Statutes affected:
SB905: 11105.3 PEN
02/03/20 - Introduced: 11105.3 PEN
03/26/20 - Amended Senate: 11105 PEN, 11105.3 PEN
SB 905: 11105.3 PEN