Section 87405 Of Article 1. General Provisions From California Education Code >> Division 7. >> Title 3. >> Part 51. >> Chapter 3. >> Article 1.
87405
. (a) Governing boards of commmunity college districts shall
not employ or retain in employment persons who have been convicted of
any sex offense as defined in Section 87010 or controlled substance
offense as defined in Section 87011. If, however, any such conviction
is reversed and the person is acquitted of the offense in a new
trial or the charges against him or her are dismissed, this section
does not prohibit his or her employment thereafter.
(b) Notwithstanding subdivision (a), no person shall be denied
employment or not be retained solely on the basis that he or she has
been convicted of a sex offense or a controlled substance offense if
he or she has obtained or applied for a certificate of rehabilitation
and pardon under Chapter 3.5 (commencing with Section 4852.01) of
Title 6 of Part 3 of the Penal Code, and if his or her probation has
been terminated and the information or accusation has been dismissed
pursuant to Section 1203.4 of the Penal Code.
(c) Notwithstanding subdivision (a), a person may be employed or
retained despite being convicted of a sex offense or a controlled
substance offense if the governing board determines from the evidence
presented that the person has been rehabilitated for at least five
years, or has received a certificate of rehabilitation and pardon
pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6
of Part 3 of the Penal Code, or if the accusation or information
against the person has been dismissed and he or she has been released
from all disabilities and penalties resulting from the offense
pursuant to Section 1203.4 of the Penal Code.