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Marginalia
Code · California · Financial Code

§ 382

329 words·~1 min read·/ca/financial-code/382

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The department shall require fingerprint images from any department employee, prospective employee or applicant seeking employment within the department, contractor, subcontractor, or volunteer who may have access to criminal offender record information.
(b)The fingerprint images described in subdivision
(a)shall be furnished to the Department of Justice for the purpose of obtaining state- and national-level criminal record information, and to determine 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 their 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 a person in accordance with this provision.
(3)Any conviction or arrest for which the person is free on bail or on their own recognizance pending trial or appeal that has a reasonable nexus to the information or data that the person will be given access.
(c)When the Department of Justice receives a request for national-level criminal offender record information, it shall forward the request to the Federal Bureau of Investigation. The Department of Justice shall review the information returned from the Federal Bureau of Investigation and compile and disseminate a response as provided under subdivision
(k)or
(o)of Section 11105 of the Penal Code to the department.
(d)The department shall request subsequent arrest notifications from the Department of Justice as provided under Section 11105.2 of the Penal Code.
(e)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.
(f)For purposes of this section, “criminal offender record information” means the same as defined in Section 13102 of the Penal Code.
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