§ 999.121. Fingerprinting and Criminal Record Checks.
11 CA ADC § 999.121Barclays Official California Code of Regulations
11 CCR § 999.121
§ 999.121. Fingerprinting and Criminal Record Checks.
(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.
(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.
Credits
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.
History
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).
This database is current through 5/3/24 Register 2024, No. 18.
Cal. Admin. Code tit. 11, § 999.121, 11 CA ADC § 999.121
End of Document |