11105.2
. (a) The Department of Justice may provide subsequent state
or federal arrest or disposition notification to any entity
authorized by state or federal law to receive state or federal
summary criminal history information to assist in fulfilling
employment, licensing, certification duties, or the duties of
approving relative caregivers, nonrelative extended family members,
and resource families upon the arrest or disposition of any person
whose fingerprints are maintained on file at the Department of
Justice or the Federal Bureau of Investigation as the result of an
application for licensing, employment, certification, or approval.
Nothing in this section shall authorize the notification of a
subsequent disposition pertaining to a disposition that does not
result in a conviction, unless the department has previously received
notification of the arrest and has previously lawfully notified a
receiving entity of the pending status of that arrest. When the
department supplies subsequent arrest or disposition notification to
a receiving entity, the entity shall, at the same time, expeditiously
furnish a copy of the information to the person to whom it relates
if the information is a basis for an adverse employment, licensing,
or certification decision. When furnished other than in person, the
copy shall be delivered to the last contact information provided by
the applicant.
(b) For purposes of this section, "approval" means those duties
described in subdivision (d) of Section 309 of the Welfare and
Institutions Code for approving the home of a relative caregiver or
of a nonrelative extended family member for placement of a child
supervised by the juvenile court, and those duties in Section 16519.5
of the Welfare and Institutions Code for resource families.
(c) Any entity, other than a law enforcement agency employing
peace officers as defined in Section 830.1, subdivisions (a) and (e)
of Section 830.2, subdivision (a) of Section 830.3, subdivisions (a)
and (b) of Section 830.5, and subdivision (a) of Section 830.31,
shall enter into a contract with the Department of Justice in order
to receive notification of subsequent state or federal arrests or
dispositions for licensing, employment, or certification purposes.
(d) Any entity that submits the fingerprints of applicants for
licensing, employment, certification, or approval to the Department
of Justice for the purpose of establishing a record of the applicant
to receive notification of subsequent state or federal arrests or
dispositions shall immediately notify the department when the
employment of the applicant is terminated, when the applicant's
license or certificate is revoked, when the applicant may no longer
renew or reinstate the license or certificate, or when a relative
caregiver's or nonrelative extended family member's approval is
terminated. The Department of Justice shall terminate state or
federal subsequent notification on any applicant upon the request of
the licensing, employment, certifying, or approving authority.
(e) Any entity that receives a notification of a state or federal
subsequent arrest or disposition for a person unknown to the entity,
or for a person no longer employed by the entity, or no longer
eligible to renew the certificate or license for which subsequent
notification service was established shall immediately return the
subsequent notification to the Department of Justice, informing the
department that the entity is no longer interested in the applicant.
The entity shall not record or otherwise retain any information
received as a result of the subsequent notice.
(f) Any entity that submits the fingerprints of an applicant for
employment, licensing, certification, or approval to the Department
of Justice for the purpose of establishing a record at the department
or the Federal Bureau of Investigation to receive notification of
subsequent arrest or disposition shall immediately notify the
department if the applicant is not subsequently employed, or if the
applicant is denied licensing certification, or approval.
(g) An entity that fails to provide the Department of Justice with
notification as set forth in subdivisions (c), (d), and (e) may be
denied further subsequent notification service.
(h) Notwithstanding subdivisions (c), (d), and (f), subsequent
notification by the Department of Justice and retention by the
employing agency shall continue as to retired peace officers listed
in subdivision (c) of Section 830.5.