Cal. Code Regs. Tit. 11, § 999.121 - Fingerprinting and Criminal Record Checks

Current through Register 2022 Notice Reg. No. 14, April 8, 2022

(a) If the state or federal criminal records contain a conviction of a felony, or a misdemeanor related to theft, fraud, or a crime of moral turpitude, or a pending criminal charge for any of these crimes shall be justification for denial to an individual to serve in an ERDS role that requires fingerprinting. A plea of guilty or no contest, a verdict resulting in conviction, or the forfeiture of bail, shall be a conviction pursuant to Government Code section, 27395(a), irrespective of a subsequent order under section 1203.4 of the Penal Code. All other state or federal criminal records containing a felony or misdemeanor conviction involving dishonesty, fraud or deceit, "moral turpitude" [People v. Castro (1985) 38 Ca. 3d 301], including pending charges, shall be justification for denial to an individual to serve in an ERDS role that requires fingerprinting.

(b) The DOJ shall respond to the ERDS Program for criminal offender record information as delineated in subdivision (l) of section 11105 of the Penal Code.

(c) The ERDS Program shall deliver written notification of an individual's ineligibility for access to an ERDS to the individual, their known employer, the Computer Security Auditor, and the County Recorder.

(d) The ERDS Program shall request subsequent arrest and/or disposition notification service, pursuant to section 11105.2 of the Penal Code, for individuals assigned an ERDS role that requires fingerprinting.

(e) If the ERDS Program is notified of a subsequent arrest and/or disposition, the individual, their known employer, the Computer Security Auditor, and the County Recorder shall be notified within 10 business days of the individual's ineligibility for access to an ERDS, if applicable.

(f) Re-fingerprinting of Individuals Changing Roles and/or Agencies

(1) When an individual who was previously approved for an ERDS role that requires fingerprinting, changes roles and/or agencies, changes employment, or is designated additional secure access roles within the same agency; or if an employee or agent of an Authorized Submitter submits to one county and now submits to multiple counties re-fingerprinting is not required. However, for such an individual, proof of fingerprinting shall be provided to the ERDS Program by submission of a Change of ERDS Role form #ERDS 0008 (Rev. 08/2020), incorporated by reference herein, consistent with procedures outlined within these regulations.

Notes

Cal. Code Regs. Tit. 11, § 999.121

Note: Authority Cited: Sections 27393, 27395(a), 27395(b), 27395(c), 27395(d) and 27395(e), Government Code. Reference: Sections 27393(b), 27393(b)(9) and 27395, Government Code; and Sections 1203.4, 11105 and 11105.2, Penal Code.

1. New article 4 (sections 999.121-999.122) and section filed 7-31-2007; operative 8-30-2007 (Register 2007, No. 31).
2. Amendment of subsections (e), (f) and (g)(1) and repealer of subsections (h)-(h)(2) filed 8-11-2014; operative 10-1-2014 (Register 2014, No. 33).
3. Change without regulatory effect amending Change of ERDS Role form #ERDS 0008 (incorporated by reference) and amending subsection (g)(1) filed 5-27-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 22). Filing deadline specified in section 100, title 1, California Code of Regulations extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
4. Change without regulatory effect renumbering subsection (b) to new subsection (a), subsection relettering and amendment of newly designated subsections (c) and (e) filed 12-6-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 50).