Section 11105.75 Of Article 3. Criminal Identification And Statistics From California Penal Code >> Title 1. >> Part 4. >> Chapter 1. >> Article 3.
11105.75
. (a) (1) If, in the course of performing a criminal
history background investigation for an agency or entity statutorily
authorized to receive a criminal history, the Department of Justice
determines that it appears that the applicant has criminal history
record information that the requesting agency is statutorily
authorized to receive, but the identity of the applicant cannot be
verified with fingerprints, the department shall provide a copy of
the criminal history record to the requesting agency or entity but
shall note any entries as to which the identity of the subject has
not been fingerprint verified.
(2) The department shall compare all available identifying
characteristics of the applicant with those that appear in the
criminal history information before responding to the requesting
agency or entity with conviction disposition information that has not
been fingerprint verified.
(b) If an agency or entity denies a license, certificate, or
employment based upon information received from the department that
is not fingerprint verified, the agency or entity shall notify the
applicant of its decision and that he or she may challenge the
identification. In that case, the applicant may appeal the decision
of the agency or entity on the grounds that the applicant is not the
person so identified.
(c) Neither the department nor any of its employees or any
requesting agency or entity shall be liable to any applicant for
misidentifications made pursuant to this section.