AR 4112.5 — Criminal Record Check
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 others as designated by him/her and shall be kept in a locked location. These records shall be used only for the purpose for which requested and shall not be reproduced for dissemination.
The record custodian, and any other individuals with access to the information, shall be fingerprinted and processed through the California Department of Justice. These employees shall be fingerprinted and processed through the California Department of Justice. These employees shall sign an Employee Statement Form, acknowledging an understanding of the laws regarding Criminal Offender Record Information.
Violation of this administrative regulation may result in suspension, dismissal and/or criminal or civil prosecution.
Criminal Record Check
Before issuing a temporary certificate of clearance to an applicant whose credential is being processed, the Superintendent or designee shall obtain a criminal record summary from the Department of Justice. The Superintendent or designee shall not issue a temporary certificate of clearance it the applicant has been convicted of a violent or serious felony as defined in Penal Code 667.5(c) or 1192.7(c), a controlled substance offense as defined in Education Code 44011, or a sex offense as defined in Education Code 44010, unless the applicant has obtained a certificate of rehabilitation and pardon.
The Superintendent or designee shall ensure that all applicants for employment, including applicants for temporary and substitute positions, submit a fingerprint identification card for purposes of the Department of Justice investigation.
No applicant who has been convicted of a violent or serious felony shall be employed or retained in employment by the district, unless that individual has obtained a certificate of rehabilitation and pardon.
No applicant who has been convicted of any “sex offense” as defined in section 44010 of the California Education Code shall be employed or retained in employment by the district.
No applicant who has been convicted of any “controlled substance offense” as defined in section 44011 of the California Education Code shall be employed or retained in employment by the district. Notwithstanding subdivision (b), the governing board of a school district may employ a person convicted of a controlled substance offense in a position requiring certification qualifications if that person holds an appropriate credential issued by the Commission on Teacher Credentialing.
Non-Employee and Contractor Criminal Record Check
All individuals, except parent and guardian volunteers, including individuals contracted with for services, employed by other entities or organizations, or volunteering on campuses must have a criminal record check on file with the district prior to being cleared to work or volunteer in the district. The Superintendent or designee shall verify the criminal record check and maintain it on file.