California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 18 - Electronic Recording Delivery System › Article 4 - Fingerprinting and Criminal Record Checks › Section 999.121 - Fingerprinting and Criminal Record Checks

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the state or federal criminal records
				  contain a conviction of a felony, or a misdemeanor related to theft, fraud, or a
				  crime of moral turpitude, or a pending criminal charge for any of these crimes shall
				  be justification for denial to an individual to serve in an ERDS role that requires
				  fingerprinting. A plea of guilty or no contest, a verdict resulting in conviction,
				  or the forfeiture of bail, shall be a conviction pursuant to Government Code
				  section, 27395(a), irrespective of a subsequent order under section
				  1203.4 of the Penal
				  Code. All other state or federal criminal records containing a felony or misdemeanor
				  conviction involving dishonesty, fraud or deceit, "moral turpitude" [People v.
				  Castro (1985) 38 Ca. 3d 301], including pending charges, shall be justification for
				  denial to an individual to serve in an ERDS role that requires
				  fingerprinting.
(b) The DOJ shall
				  respond to the ERDS Program for criminal offender record information as delineated
				  in subdivision (
l
) of section
				  11105 of the Penal
				  Code.
(c) The ERDS Program shall deliver
				  written notification of an individual's ineligibility for access to an ERDS to the
				  individual, their known employer, the Computer Security Auditor, and the County
				  Recorder.
(d) The ERDS Program shall
				  request subsequent arrest and/or disposition notification service, pursuant to
				  section
				  11105.2 of the Penal
				  Code, for individuals assigned an ERDS role that requires fingerprinting.
(e) If the ERDS Program is notified of a
				  subsequent arrest and/or disposition, the individual, their known employer, the
				  Computer Security Auditor, and the County Recorder shall be notified within 10
				  business days of the individual's ineligibility for access to an ERDS, if
				  applicable.
(f) Re-fingerprinting of
				  Individuals Changing Roles and/or Agencies (1) When an individual who was previously
				  approved for an ERDS role that requires fingerprinting, changes roles and/or
				  agencies, changes employment, or is designated additional secure access roles within
				  the same agency; or if an employee or agent of an Authorized Submitter submits to
				  one county and now submits to multiple counties re-fingerprinting is not required.
				  However, for such an individual, proof of fingerprinting shall be provided to the
				  ERDS Program by submission of a Change of ERDS Role form #ERDS 0008 (Rev. 08/2020),
				  incorporated by reference herein, consistent with procedures outlined within these
				  regulations.
1. New article 4
					 (sections 999.121-999.122) and section filed
					 7-31-2007; operative 8-30-2007 (Register 2007, No. 31).
2. Amendment of
					 subsections (e), (f) and (g)(1) and repealer of subsections (h)-(h)(2) filed
					 8-11-2014; operative 10-1-2014 (Register 2014, No. 33).
3. Change without
					 regulatory effect amending Change of ERDS Role form #ERDS 0008 (incorporated by
					 reference) and amending subsection (g)(1) filed 5-27-2021 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2021, No. 22). Filing deadline specified in section
					 100, title 1, California Code of
					 Regulations extended 60 calendar days pursuant to Executive Order N-40-20 and an
					 additional 60 calendar days pursuant to Executive Order N-71-20.
4.
					 Change without regulatory effect renumbering subsection (b) to new subsection (a),
					 subsection relettering and amendment of newly designated subsections (c) and (e)
					 filed 12-6-2021 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2021, No. 50).
Note: Authority cited: Sections
						27393,
						27395(a),
						27395(b),
						27395(c),
						27395(d)
						and
						27395(e),
						Government Code. Reference: Sections
						27393(b),
						27393(b)(9)
						and
						27395,
						Government Code; and Sections
						1203.4,
						11105 and
						11105.2, Penal
						Code.