§ 11102.2. — 11102.2. (Amended by Stats. 2024, Ch. 254, Sec. 2.)

California § 11102.2.

• Jurisdiction: California
• Code PEN: Penal Code - PEN
• Title: 1.
• Part 4.: TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS
• Ch. 1.: CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice
• Art. 3.: ARTICLE 3. Criminal Identification and Statistics

Text

(a)
(1)
As used in this section, “custodian of records” means the individual designated by an agency as responsible for the security, storage, dissemination, and destruction of the criminal records furnished to the agency and who serves as the primary contact for the Department of Justice for any related issues.
(2)
As used in this section, “agency” means any public or private entity that receives criminal history information from the Department of Justice.
(3)
As used in this section, “department” means the Department of Justice.
(b)
Commencing January 1, 2011, the department shall establish, implement, and maintain a confirmation program to process fingerprint-based criminal record background clearances on individuals designated by agencies as custodians of records. Commencing July 1, 2011, no person shall serve as an agency custodian of records unless confirmed by the department. Criminal justice agency personnel who have undergone a state and federal criminal record background check are exempt from the requirements of this section. The department shall charge a fee of thirty dollars ($30) to cover the costs of the confirmation program in addition to a fee sufficient to cover the cost of processing the appropriate state and federal level criminal record background check.
(c)
Every agency must designate at least one custodian of records.
(1)
The agency shall submit to the department the fingerprint images and related information required by the department of the individual designated by the agency to serve as the custodian
of records for the purpose of obtaining information about the existence and content of a record of state or federal arrests or convictions and information about the existence and content of a record of the state or federal arrests for which the department establishes that the person is free on bail or on their own recognizance pending trial or appeal.
(2)
The department shall transmit fingerprint images and related information received pursuant to this section to the Federal Bureau of Investigation for the purpose of obtaining a federal criminal history information check. The department shall review the information returned from the Federal Bureau of Investigation.
(3)
The department shall retain the fingerprint impressions for subsequent arrest notification pursuant
to Section 11105.2.
(d)
Every individual confirmed as a custodian of records shall be at least 18 years of age and shall have completed and submitted a written application prescribed by the department.
(e)
Prior to confirming an individual as a custodian of records, the department shall determine that the applicant possesses the required honesty, credibility, truthfulness, and integrity to fulfill the responsibilities of the position.
(f)
The department may refuse to confirm an individual as a custodian of records or revoke or suspend the confirmation of
a custodian of records if the individual has done any of the following:
(1)
Been convicted of a felony offense.
(2)
Been convicted of an offense that is substantially related to the qualifications, functions, or duties of a custodian of records.
(3)
Made a substantial and material misstatement or omission in the application submitted to the
department.
(4)
Failed to discharge fully and faithfully any of the duties or responsibilities required of a custodian of records.
(5)
Been adjudged liable for damages in any suit grounded in fraud, misrepresentation, or in violation of the state regulatory laws, or in any suit based upon a failure to discharge fully and faithfully the duties of a custodian of records.
(6)
Committed any act involving dishonesty, fraud, or deceit.
(7)
Failed to submit any remittance payable upon demand by the
department.
(g)
A conviction after a plea of nolo contendere is deemed to be a conviction for the purposes of this subdivision.
(h)
The agency shall immediately notify the department when the designated custodian of records no longer serves in that capacity.
(i)
An applicant
shall not be denied confirmation on the basis that the person has been convicted of a crime, or on the basis of acts underlying a conviction for a crime, if that person has obtained a certificate of rehabilitation under Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3, or has been granted clemency or a pardon by a state or federal executive.
(j)
(1)
The department shall implement regulations to aid in determining whether an offense
is substantially related to the qualifications, functions, or duties of a custodian of records.
(2)
The criteria for determining whether an offense is substantially related to the qualifications, functions, or duties of a custodian of records shall include all of the following:
(A)
The nature and gravity of the offense.
(B)
The
passage of time since the date of the offense.
(C)
Whether the applicant has offered credible evidence of rehabilitation.
(3)
If an applicant with a prior conviction presents evidence of rehabilitation, the department shall not deny confirmation based, in whole or in part, on that conviction without considering the applicant’s evidence of rehabilitation.

Legislative History

Amended by Stats. 2024, Ch. 254, Sec. 2. (AB 3235) Effective January 1, 2025.