Section 14409.2 Of Article 1. General From California Financial Code >> Division 5. >> Chapter 4. >> Article 1.
14409.2
. (a) Notwithstanding the provisions of Sections 1051, 1052,
and 1054 of the Labor Code and Section 2947 of the Penal Code, any
credit union or officer or employee thereof may deliver fingerprints
taken of an applicant for employment by the credit union to local,
state, or federal law enforcement agencies for the purpose of
obtaining information as to the existence and nature of a criminal
record, if any, of the applicant relating to convictions, and to any
arrest for which the applicant is released on bail or on his or her
own recognizance pending trial, for the commission or attempted
commission of a crime involving robbery, burglary, theft,
embezzlement, fraud, forgery, bookmaking, receiving stolen property,
counterfeiting, or involving checks or credit cards or using
computers.
(b) The Department of Justice shall, pursuant to Section 11105 of
the Penal Code, and a local agency may, pursuant to Section 13300 of
the Penal Code, furnish to the officer of the credit union
responsible for the final decision regarding employment of the
applicant, or to his or her designees having responsibilities for
personnel or security decisions in the usual scope and course of
their employment with the credit union, summary criminal history
information when requested pursuant to this section. If, upon
evaluation of the criminal history information received pursuant to
this section, the credit union determines that employment of the
applicant would constitute an unreasonable risk to the credit union
or its customers, the applicant may be denied employment.
(c) A request for records pursuant to this section made of the
Department of Justice shall be on a form approved by the department.
The department may charge a fee to be paid by the requesting credit
union pursuant to subdivision (e) of Section 11105 of the Penal Code.
No request shall be submitted without the written consent of the
applicant.
(d) Any criminal history information obtained pursuant to this
section is confidential and no recipient shall disclose its contents
other than for the purpose for which it was acquired.