California · Business and Professions Code - BPC

BPC §5552.1: (a) Pursuant to Section 144, beginning January 1, 2021, the board has the authority to obtain and receive criminal history information.

Civil

What this law says, in plain English

A board may obtain criminal history information from applicants for licensure through fingerprinting and background checks, with costs paid by the applicant. Failure to comply renders the application incomplete.

Read the full statutory text

(a) Pursuant to Section 144, beginning January 1, 2021, the board has the authority to obtain and receive criminal history information. The information obtained as a result of the fingerprinting shall be used in accordance with Section 11105 of the Penal Code and to determine whether the applicant is subject to denial of a license pursuant to Division 1.5 (commencing with Section 475) or Sections 5560 and 5577. (b) As a condition of application for a license, each applicant shall furnish to the Department of Justice a full set of fingerprints for the purpose of conducting a criminal history record check and to undergo a state and federal level criminal offender record information search conducted through the Department of Justice. (c) The board shall request from the Department of Justice subsequent arrest notification service, pursuant to Section 11105 of the Penal Code. (d) The applicant shall pay for the reasonable regulatory costs for furnishing the fingerprints and conducting the searches. (e) The applicant shall certify, under penalty of perjury, when applying for a license, whether the applicant’s fingerprints have been furnished to the Department of Justice in compliance with this section. (f) Failure to comply with the requirements of this section renders the application for a license incomplete, and the application shall not be considered until the applicant demonstrates compliance with all of the requirements of this section. (g) Notwithstanding any other law, the results of any criminal offender record information request by either state or federal law enforcement authorities shall not be released by the board except in accordance with state and federal requirements. (h) This section applies to all applicants subject to this chapter and subdivision (i). (i) As used in this section, the term “applicant” is limited to an initial applicant who has never been registered or licensed by the board or to an applicant for a new licensure or registration category. (j) As a condition of petitioning the board for reinstatement of a revoked or surrendered license, an applicant shall comply with subdivision (a).

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