Section 11105.7 Of Article 3. Criminal Identification And Statistics From California Penal Code >> Title 1. >> Part 4. >> Chapter 1. >> Article 3.
11105.7
. (a) Notwithstanding any other provision of law, when a
person is required to submit fingerprints or a fingerprint card to
the Department of Justice for a criminal background investigation for
purposes of employment, certification, or licensing, and the
department determines either that it is impossible for the person to
submit fingerprints or that the submitted fingerprints are not
legible for identification purposes, the department, in its
discretion, shall do either of the following:
(1) Make a determination that the person presently is unable to
provide legible fingerprints, and therefore shall be deemed to have
complied with the statutory requirement to submit fingerprints. The
department, using available personal identifying data that the
department deems appropriate, shall then conduct a search to
determine if the person has a criminal history.
(2) Request that the person submit a second set of fingerprints or
obtain verification from another law enforcement agency that he or
she is unable to provide legible fingerprint impressions either
manually or electronically. If the department requests law
enforcement verification of the quality of fingerprints that the
person is able to provide, it may designate the law enforcement
agency that is to provide the verification and provide a form for the
verification. If the second set of fingerprints is illegible or if
the designated law enforcement agency verifies that the person is
unable to submit legible fingerprints, the person shall be deemed to
have complied with the statutory requirement to submit fingerprints,
and the department, using available personal identifying data it
deems appropriate, shall conduct a search to determine if the person
has a criminal history.
(b) After a search of its data bases pursuant to subdivision (a),
the department shall issue a certificate regarding the criminal
history of the applicant to the employing, licensing, or certifying
agency. This certificate shall indicate whether or not the applicant
has any reportable criminal history for purposes of the employment,
license, or certificate the applicant is seeking. The agency shall be
entitled to receive information regarding any reportable offenses
and may use this information to make a determination of eligibility.
(c) Whenever the department determines pursuant to this section
that a person has a criminal record, the person shall be provided an
opportunity to question the accuracy or completeness of any material
matter contained in the record, under the procedures provided in
Section 11126.
(d) It is the intent of the Legislature that this section shall
only apply to those persons who are unable to supply legible
fingerprints due to disability, illness, accident, or other
circumstances beyond their control and does not apply to persons who
are unable to provide fingerprints because of actions they have taken
to avoid submitting their fingerprints.