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§ 1953. Peace Officer Background Investigation.

11 CA ADC § 1953Barclays Official California Code of RegulationsEffective: January 1, 2024

Barclays California Code of Regulations
Title 11. Law
Division 2. Commission on Peace Officer Standards and Training
Article 5. Peace Officer and Public Safety Dispatcher Selection Requirements
Effective: January 1, 2024
11 CCR § 1953
§ 1953. Peace Officer Background Investigation.
Currentness
(a) Government Code Mandate
Every peace officer candidate shall be the subject of a thorough background investigation to verify good moral character [Government Code section 1031(d)] and the absence of past behavior indicative of unsuitability to perform the duties of a peace officer, including any acts requiring denial of employment pursuant to the California Law Enforcement Accountability Reform (CLEAR) Act (Penal Code section 13680, et seq.).
(1) Effective July 1, 2023, every background investigator shall satisfactorily complete POST-certified background investigation training prior to conducting investigations.
(b) Background Investigation Evaluation Criteria
The background and personal history sections of the Bias Assessment Framework [Commission Regulation 1955(d)(3)] and the entire set of POST Background Investigation Dimensions (Dimensions), herein incorporated by reference, described in the POST Background Investigation Manual -- Guidelines for the Investigator (2022) -- Integrity, Impulse Control/Attention to Safety, Substance Abuse and Other Risk-Taking Behavior, Stress Tolerance, Confronting and Overcoming Problems, Obstacles, and Adversity, Conscientiousness, Interpersonal Skills, Decision-Making and Judgment, Learning Ability, and Communication Skills - shall be considered in the conduct of every peace officer background investigation. The manual provides guidance in conducting background investigations. The use of the manual is discretionary, with the exception of the Dimensions and the relevant sections of the Bias Assessment Framework.
(c) Personal History Statements
(1) Every peace officer candidate shall complete, sign, and date a personal history statement at the onset of the background investigation. A personal history statement can be either the Personal History Statement -- Peace Officer, POST 2-251 (1/2024) or until June 30, 2024, an alternative personal history statement.
(2) An alternative personal history statement shall include inquiries related to the following areas of investigation:
A. Personal identifying information,
B. Relatives and references contact information,
C. Education history,
D. Residence history,
E. Experience and employment history,
F. Military history,
G. Financial history,
H. Legal history,
I. Driving history,
J. Other topics related to moral character.
(3) The personal history statement shall also include inquiries addressing all disqualifications for peace officer appointment as specified in Government Code Section 1029(a).
(4) Effective July 1, 2024, the personal history statement shall be the Personal History Statement -- Peace Officer, POST 2-251 (1/2024), herein incorporated by reference, or an electronic personal history statement that is an exact replication of the questions contained in the POST 2-251.
(d) Collection of Background Information: Pre and Post Conditional Offer of Employment
(1) Non-medical or non-psychological background information may be collected after a conditional offer of employment (COE) is issued if it could not have reasonably been collected prior to the COE (Government Code Section 1031.2). This may include:
(A) Official documents that cannot be obtained and evaluated in a timely manner during the pre-offer period, and
(B) Information derived from contacts and interviews with references.
(2) At the post-offer stage, background investigators, examining physicians, examining psychologists, and others involved in the hiring decision shall work cooperatively to ensure that each has the information necessary to conduct their respective investigations and/or assessments of the candidate.
(e) Areas of Investigation
(1) Employment Eligibility Verification
(A) Effective January 1, 2023, every peace officer candidate must be legally authorized to work in the United States under federal law (Government Code sections 1031(a)).
(B) Proof of employment eligibility is prescribed by Section 274a.2 of Title 8 of the Code of Federal Regulations, specifically USCIS Form I-9 -- Employment Eligibility Verification Form. Documentation must include either a completed Form I-9 verifying the employer has examined documents as identified in the List of Acceptable Documents, or any document(s) required for completion of the Form I-9. Documents shall be original, certified copies, or copies that include a notation by the investigator that the originals or certified copies were reviewed.
(2) Age Verification
(A) Every peace officer candidate shall be minimally 21 years of age on or before the date of appointment as a peace officer. Peace officers appointed under section 830.1(c) of the Penal Code must be a minimum of 18 years of age on or before the date of appointment. (Government Code section 1031.4).
(B) Proof of age shall be satisfied by any document accepted for proof of employment eligibility, or other official documentation (e.g., birth certificate, driver's license), verifying date of birth deemed acceptable by POST.
(3) Criminal and Other Qualification Records Checks -- Local, State, and National
Every peace officer candidate shall be the subject of criminal and other records searches at the local, state, and national levels to determine legal eligibility for peace officer employment [Government Code sections 1029, 1030 and 1031(c)], eligibility to carry a firearm [Penal Code section 29805; U.S. Code Title 18, section 922(d)(9)], and to assess moral character [Government Code section 1031(d)].
(A) Local searches shall include inquiries with local law enforcement departments where the candidate has lived, worked, attended school, or frequently visited. Proof of local searches shall be documented by a letter or other written documentation from each department contacted. If a contacted department does not provide written documentation, the request for information shall be noted.
(B) A state search shall include forwarding the candidate's fingerprints to the California Department of Justice (DOJ) to establish the candidate's legal eligibility for employment (Government Code section 1029) and eligibility to possess a firearm [Penal Code section 29805; U.S. Code Title 18 section 922(d)(9)]. Proof of a state search shall be documentation issued by the DOJ consisting of an official clearance return and an authorization to possess and carry firearms. The authorization shall be relevant to the peace officer position and shall have been generated no more than one year prior to the date of employment.
(C) A national search shall include forwarding the candidate's fingerprints to the Federal Bureau of Investigation (FBI). Proof of a national search shall consist of an official clearance from the FBI. The clearance shall be relevant to the peace officer position and shall have been generated no more than one year prior to the date of employment.
(D) Verification of qualification for appointment as a peace officer, pursuant to Government Code section 1029.
(4) Driving Record Check
(A) Every peace officer candidate's driving history, if any, shall be checked to assess behaviors consistent with the safe and appropriate operation of a motor vehicle and adherence to the law.
(B) Proof of the driving history check shall consist of a written driving record history from the Department of Motor Vehicles or other official driving record. The record shall be dated no more than one year prior to the date of employment.
(5) Education Verification
(A) Every peace officer candidate shall meet one of the following minimum education requirements pursuant to Government Code section 1031(e):
1. Be a high school graduate of one of the following:
a. A U.S. public school, or
b. An accredited U.S. Department of Defense high school, or
c. An accredited or approved public or nonpublic high school.
2. Pass the General Education Development (GED) test or other high school equivalency test approved by the State Department of Education that indicates high school graduation level.
3. Pass the California High School Proficiency Examination, or
4. Have attained a two-year, four-year, or advanced degree from an accredited college or university.
Any accreditation or approval required by this subdivision shall be from a state or local government educational agency using state or local government approved accreditation, licensing, registration, or other approval standards, a regional accrediting association, an accrediting association recognized by the Secretary of the United States Department of Education, an accrediting association holding full membership in the National Council for Private School Accreditation (NCPSA), an organization holding full membership in AdvancED or Cognia, an organization holding full membership in the Council for American Private Education (CAPE), or an accrediting association recognized by the National Federation of Nonpublic School State Accrediting Associations (NFNSSAA).
(B) Proof shall consist of an official transcript or other means of verifying satisfactory completion of educational requirements deemed acceptable by POST. The document shall be an original, a certified copy, or a copy that includes a notation by the investigator that the original or certified copy was reviewed.
(6) Employment History Checks
(A) Every peace officer candidate shall be the subject of employment history checks through contacts with all past and current employers over a period of at least ten years, as listed on the candidate's personal history statement.
(B) Every peace officer candidate, with prior peace officer experience, shall be the subject of a search of their general personnel file and/or a separate file designated by the department or agency, pursuant to Penal Code section 832.12(b).
(C) Proof of the employment history check shall be documented by a written account of the information provided and source of that information for each place of employment contacted. All information requests shall be documented.
(7) Relatives/Personal/Secondary References Checks
(A) Every peace officer candidate shall be the subject of reference checks through contacts and interviews with relatives, including former spouses, and personal references listed on the candidate's personal history statement. Additional references (e.g., secondary references), provided by the initial contacts, shall also be contacted and interviewed to determine whether the candidate has exhibited behavior incompatible with the position sought. Sufficient information shall be collected and reviewed to determine candidate suitability.
(B) Proof of reference checks shall be documented by written information showing that relatives and personal references identified by the candidate and additional references provided by the initial contacts (e.g., secondary references) were interviewed. Documentation shall include the identity of each individual contacted, if the contact is an initial or secondary reference, the contact's relationship to the candidate, and an account of the information provided by the contact. All requests for information shall be documented.
(8) Dissolution of Marriage Check
(A) Every peace officer candidate who indicates one or more marriage dissolutions on the personal history statement shall have his/her court issued dissolution documents and legal separation decrees reviewed as an indication of personal integrity, financial responsibility, and other relevant aspects of candidate suitability.
(B) Proof of the dissolution/separation of marriage check shall be documented by a copy of all final court-issued dissolution documents and legal separation decrees.
(9) Neighborhood Checks
(A) Every peace officer candidate shall be the subject of contacts and interviews with current and, where practicable, previous neighbors to determine whether the candidate has exhibited behavior incompatible with the position sought.
(B) Proof of neighborhood checks shall be documented by written information showing the identity of each neighbor contacted, the neighbor's relationship to the candidate, and an account of the information provided by the individual. All requests for information shall be documented.
(10) Military History Check
(A) When applicable, a candidate shall be required to present proof of Selective Service registration or military service records.
(B) Proof of a military history check shall consist of written verification of Selective Service registration, except for women or any man born prior to January 1, 1960. For any candidate who indicates military history on the personal history statement, proof shall consist of an official copy of their DD-214 long form or equivalent documentation of foreign military service, if available.
(11) Credit Records Check
(A) Every peace officer candidate shall be the subject of a credit record search with a bona fide credit reporting agency (i.e., Experian, TransUnion, Equifax) to determine the candidate's credit standing with lenders, as an indication of the candidate's dependability and integrity.
(B) Proof of a credit record check shall be documented by an official credit report returned by one of the bona fide credit reporting agencies. The report shall have been created no more than one year prior to the date of employment.
(12) Social Media Check
(A) Every peace officer candidate shall be the subject of a social media search for statements, postings, and/or endorsements made by the candidate that are relevant to suitability for peace officer employment, including bias-relevant information consistent with the requirements of Commission Regulation 1955(d)(3) and any public expression of hate made in an online forum, as defined in Penal Code section 13680(g)(1). Social media may include, but not be limited to, social networking sites, online forums, blogs, and video sharing platforms. Searches must be conducted in compliance with state and federal laws.
(B) Proof shall consist of documentation verifying a social media search was conducted which, at a minimum, shall include written documentation of websites searched and/or services used, including webpage URLs and findings. When there is evidence of activity relevant to peace officer suitability, documentation shall consist of screenshots, printouts, website links, and/or other documentation verifying the information and shall be limited to that which is relevant to suitability for peace officer employment.
(f) Background Investigation Updates
(1) Eligibility
(A) If a peace officer candidate was initially investigated in accordance with all current requirements and the results are available for review, a background investigation update, as opposed to a complete new background investigation, may be conducted for either of the following circumstances:
1. The peace officer candidate is being reappointed to the same POST-participating department. Per Commission Regulation 1950(c)(1)(C), a background investigation update on a peace officer who is reappointed within 180 days of voluntary separation is at the discretion of the hiring authority.
2. The peace officer candidate is transferring, without a separation, to a different department; however, the new department is within the same city, county, state, or district that maintains a centralized personnel and background investigation support division.
(B) At the discretion of the hiring authority, if an interim police chief was initially investigated by a California POST participating department in accordance with all current requirements and the background file has been determined compliant by POST, an updated background investigation, as opposed to a complete new background investigation, may be conducted provided the following three conditions are met:
1. The results of the initial background investigation are available and have been reviewed by the hiring authority,
2. The initial background investigation was conducted within the past five years, and
3. The individual has served as an interim police chief within the last 24 months.
The retention of all background investigation records, including the initial and updated background investigations, shall be the responsibility of the hiring authority.
(2) Update Requirements
(A) A new personal history statement [subsection 1953(c)] with updated information covering the period from the last personal history statement to the current date shall be completed by the peace officer candidate.
(B) The department shall conduct investigations of all new information reported by the candidate on the new personal history statement.
1. For candidates reappointed to the same department per subsection 1953(f)(1)(A)1., the new background investigation shall cover the period since the candidate separated from the department.
2. For candidates transferring, without a separation, to a different department within the same city, county, state, or district per subsection 1953(f)(1)(A)2., or interim chiefs who meet the requirements of subsection 1953(f)(1)(B), the new background investigation shall cover the period since the date the previous background investigation was completed.
(C) Any area of investigation for which there is updated information shall be addressed in the updated background investigation. This shall minimally include a new: 1) Local Criminal Record Check, 2) State and National Criminal Check, unless there is written attestation that the candidate was never removed from the department's peace officer files of the DOJ or FBI, 3) Driving Record Check, and 4) Credit Record Check.
(D) Verification of qualification for appointment as a peace officer, pursuant to Government Code section 1029.
(E) Updated background investigation documentation shall be maintained with the initial background investigation documents.
(F) If the original background investigation was conducted within one year from the date of reappointment, it is not necessary to update criminal record checks, driving record check, or credit check.
(g) Documentation and Reporting
(1) Background Narrative Report
The background investigator shall summarize the background investigation results in a narrative report that includes sufficient information for the reviewing authority to extend, as appropriate, a conditional offer of employment. The report shall include sections that summarize relevant Background Investigation Dimensions and any findings of behaviors, traits and/or attributes that may be relevant to bias per the Bias Assessment Framework [subsection 1953(b)], including whether the candidate has engaged or is engaging in membership in a hate group, participation in any hate group activity or advocacy of public expressions of hate, per Penal Code section 13680, et seq. The report shall identify the data sources reviewed for the findings, regardless of weight given.
The report shall include narrative information in order of, and consistent with, the required areas of investigation [subsection 1953(e)] using the following headings:
(1) Employment Eligibility
(2) Age Verification
(3) Criminal and Other Qualification Records Checks -- Local, State, and National
(4) Driving Record Check
(5) Education Verification
(6) Employment History Checks
(7) Relatives/Personal/Secondary References Checks
(8) Dissolution of Marriage Check
(9) Neighborhood Checks
(10) Military History Check
(11) Credit Records Check
(12) Social Media Check
The report, along with all supporting documentation obtained during the course of the background investigation, including relevant documentation of bias-related findings and documentation obtained through the social media search [subsection 1953(e)(12)], shall be included in the candidate's background investigation file. The supporting documents shall be originals or true, current and accurate copies as attested to by the background investigator. The background investigation file shall be made available during POST compliance inspections.
(2) Verification of Qualification for Peace Officer Appointment
(A) Every peace officer candidate shall meet all selection requirements prior to the date of employment, per Commission Regulation 1950.
(B) Proof of verification of qualification for peace officer appointment shall be documented via the Verification of Qualification for Peace Officer Appointment, POST 2-355 (01/2023), hereby incorporated by reference.
(3) Retention
The background narrative report and supporting documentation shall be retained in the individual's background investigation file for as long as the individual remains in the department's employ. Additional record retention requirements are described in Government Code section 12946.
(4) Information Access
The narrative report and any other relevant background information [subsection 1953(g)(1)] shall be shared with the psychological evaluator [Commission Regulation 1955(e)(3)]. This information shall also be shared with others involved in the hiring process, such as screening physicians, if it is relevant to their respective evaluations.
This information must be furnished to those conducting background investigations of peace officer candidates on behalf of other law enforcement departments except as specifically provided by statute (Government Code section 1031.1, Government Code section 6250 et seq, Labor Code section 1050, Labor Code section 1054, O'Shea v. General Telephone Co. (1987) 193 Cal. App 3d 1040). This information shall only be utilized for investigative leads and the information shall be independently verified by the prospective department to determine the suitability of the peace officer candidate.

Credits

Note: Authority cited: Sections 1029, 1030, 1031, 1031.2, 1031.3 and 1031.4, Government Code; and Sections 13503, 13506 and 13510, Penal Code. Reference: Sections 1029, 1030, 1031, 1031.2, 1031.3 and 1031.4, Government Code; Section 12500, Vehicle Code; Sections 13510, 13680, 13681, 13682, 13683 and 29805, Penal Code; and Title 18 Section 922(d)(9), US Code.
History
1. Change without regulatory effect renumbering former section 9053 to new section 1953, including amendment of section and Note, filed 11-26-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 48).
2. Change without regulatory effect amending subsection (d) filed 12-9-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 50).
3. Change without regulatory effect amending subsections (e)(5)(A)2. and (e)(5)(A)4. filed 1-27-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 5).
4. Amendment of subsections (c) and (g)(3) filed 2-24-2016; operative 4-1-2016 (Register 2016, No. 9).
5. Amendment of subsections (f)(1)(A)1.-2. and (f)(2)(B)2. filed 10-31-2016; operative 1-1-2017 (Register 2016, No. 45).
6. Amendment of subsections (b) and (c) and new subsections (f)(1)(B)-(f)(1)(B)3. filed 2-27-2018; operative 4-1-2018 (Register 2018, No. 9).
7. Amendment of subsection (f)(2)(B)2. filed 10-24-2018; operative 1-1-2019 (Register 2018, No. 43).
8. Amendment of subsections (f)(1)(A)1., (f)(2)(A), (f)(2)(B)1.-2. and (g)(3) filed 10-15-2021; operative 1-1-2022 (Register 2021, No. 42). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
9. Change without regulatory effect amending subsections (e)(2)(A) and (e)(3), adopting subsections (e)(3)(D), (e)(6)(B) and (f)(2)(D), relettering subsections and amending Note filed 12-30-2021 pursuant to section 100, title 1, California Code of Regulations; operative 1-1-2022 (Register 2021, No. 53).
10. New subsection (a)(1) filed 5-24-2022; operative 7-1-2022 (Register 2022, No. 21).
11. Amendment of subsections (b), (e)(1)(A), (e)(5)(A)4. and (e)(7)(A)-(B), new subsections (e)(12)-(e)(12)(B), amendment of subsections (g)(1) and (g)(3) and amendment of Note filed 7-18-2022; operative 8-1-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 29).
12. Redesignation and amendment of portions of subsection (c) as new subsections (c)(1)-(c)(2)J., new subsection (c)(3), amendment of subsection (d)(1), new subsections (g)(2)-(g)(2)(B) and subsection renumbering filed 11-3-2022; operative 1-1-2023 (Register 2022, No. 44).
13. Change without regulatory effect amending subsection (a), repealing subsection (e)(1)(B), relettering subsections, amending subsection (e)(5)(A)4. and amending Note filed 1-4-2023 pursuant to section 100, title 1, California Code of Regulations (Register 2023, No. 1).
14. Amendment of subsections (e)(7) and (g)(1) filed 6-8-2023; operative 10-1-2023 (Register 2023, No. 23).
15. Amendment of subsections (e)(1)-(e)(1)(B), (e)(2)(A)-(B), (e)(12)(A), (g)(1) and (g)(2)(B) filed 8-29-2023; operative 8-29-2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 35).
16. Amendment of subsection (c)(1), new subsection (c)(4) and amendment of Note filed 9-11-2023; operative 1-1-2024 (Register 2023, No. 37).
17. Change without regulatory effect amending subsections (c)(1) and (c)(4) filed 1-17-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 3).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 11, § 1953, 11 CA ADC § 1953
End of Document