4012.62 – Personnel – All Personnel – Maintenance of Criminal Offender Records

Policy –
Regulation – x
Exhibit –

Adopted – 7/16/1998
Revised – 5/27/1999
All information received from the Department of Justice is confidential. (EC 44830.1, 45125)

The Superintendent shall designate an employee as record custodian of all confidential fingerprint and criminal record history who shall be responsible for the administration of the information. Any questions regarding Criminal Offender Record Information shall be resolved by the record custodian.

Criminal Offender Record Information shall be accessible only to the record custodian and shall be kept in a locked file separate from other files. The contents of these records shall not be disclosed and shall not be reproduced. (Education Code 44830.1, 45125)

The record custodian shall be fingerprinted and processed through the California Department of Justice. He/she shall sign an Employee Statement Form, acknowledging an understanding of the laws regarding Criminal Offender Record Information.

These records shall be used only for the purpose for which they were requested.

Upon a hiring determination, the records shall be destroyed to the extent that the identity of the individual can no longer be reasonably ascertained. (Education Code 44830.1, 45125; 11 CCR 708)

Violation of this administrative regulation may result in suspension, dismissal and/or criminal or civil prosecution.

The record custodian shall ensure that the District complies with destruction, storage, dissemination, auditing, backgrounding and training requirements as set forth in 11 CCR 700-708 and the rules regarding use and security of these records as set forth in Penal Code 11077. (EC 44830.1, 45125)

Interagency Agreements

Upon receipt from the Department of Justice of a criminal history record or report of subsequent arrest for any person on a common list of persons eligible for employment, the designated District shall give notice to the Superintendent or any participating District, or the person designated in writing by that Superintendent, that the report is available for inspection on a confidential basis by the Superinten-dent or the written designee. The report shall be made available at the office of the designated District for 30 days following the receipt of the notice. (Education Code 44830.2, 45125.01)

The designated District shall not release a copy of that information to any participating District or any other person. In addition, the designated District shall retain or dispose of the information in the manner specified in law and in this administrative regulation after all participating Districts have had an opportunity to inspect it in accordance with law. (Education Code 44830.2, 45125.01)

The designated District shall maintain a record of all persons to whom the information has been shown. This record shall be available to the Department of Justice. (EC 44830.2, 45125.01)

The designated District shall submit an interagency agreement to the Department of Justice to establish authorization to submit and receive this information. (Education Code 44830.2, 45125.01)

EC 44332, 44332.6, 44346.1,44830.1, 44830.2, EC 45122.1, 45125, 45125.01, 45125.5, 45126; PENAL CODE 667.5, 1192.7, 11075-11081, 11105, 11105.3, 11140-144, 13300-305; CODE OF REGS, TITLE 11 700-708.
CSBA Date – 10/97

This entry was posted in Regulation. Bookmark the permalink.