LAWS REQUIRING CRIMINAL BACKGROUND CHECKS

CALIFORNIA STATE EDUCATION CODE

New Classified and Certificated Employees
California State Education Code requires school employers to obtain a criminal background (fingerprint) check of new classified employees and prohibits the employment or retention of current employees (certificated and classified) who have not yet obtained permanent status, if any person who has been convicted of a serious or violent felony.

Applicants for Temporary Teaching Certificates
A person who meets the requirements for a teaching credential but does not have one may, pending approval of the application, seek a temporary certificate in order to teach until the credential has been issued. County offices of education are responsible for issuing temporary certificates.

Education Code prohibits a county office to issue temporary certificates until a criminal history has been obtained and processed and DOJ verifies a clear record of serious/violent felony conviction.

Contractors
Education code also requires any employer who provides certain services under contract to school districts to certify that no employee who renders those services and who may come in contact with pupils has been convicted of a serious or violent felony. These services include janitorial, administrative, landscaping, transportation, food services, or "similar services."

CALIFORNIA STATE HEALTH AND SAFETY CODE

Community Care Licensees
The California State Health and Safety Code requires the California Department of Social Services (CDSS) to obtain a criminal history of all applicants, licensees, adult residents, volunteers under certain conditions and employees of community care facilities who have contact with clients. Individuals who have been convicted of a crime, other than a minor traffic violation, cannot work or be present in any community care facility unless he/she requests a criminal record exemption from the Community Care Licensing Division, Caregiver Background Check Bureau (CBCB).

An exemption is defined as a CDSS authorized written document that "exempts" an individual from the requirement of having a clear criminal record. In some circumstances, the individual will be permitted to work in the facility while the exemption is being evaluated. In other cases, such as with felony convictions or violent misdemeanors, the individual must be removed from the facility. CBCB also examines arrest records to determine if there is a possible danger to clients.

For further information on the CDSS criminal background checks or the exemption process, visit the CDSS-Community Care Licensing Fingerprint Website.