Administrative Regulation

AR4112.62

Certificated Personnel

Maintenance of Criminal Offender Records

All information received from the Department of Justice is confidential. (Education Code 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 or reproduced. (Education Code 448301.1, 45125)

The record custodian shall be fingerprinted and processed through the California Department of Justice. He/she shall sign an Employee State Form, acknowledging an understanding of the laws regarding Criminal Offender Record Information. These records shall be used only for the purpose for which they are 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. (Code of Regulations, Title 11, Section 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 I Penal Code 11077. (Education Code 44830.1, 45125)

Legal Reference:

Education Code

44332 Temporary certificate

44332.6 Criminal record check, county board of education

44346.1 Applicants for credential, conviction of a violent or serious felony

44830.1 Certificated employees, conviction of a violent or serious felony

45122.1 Classified employees, conviction of a violent or serious felony

45125 Use of personal identification cards to ascertain conviction of crime

45125.5 Automated records check

45126 Duty of Department of Justice to furnish information Penal Code Prior prison terms, enhancement of prison terms Plea bargaining limitation

11075-11081 Criminal record dissemination

11105 State criminal history information; furnishing to authorized persons

11105.3 Record of conviction involving sex crimes, drug crimes or crimes of violence; availability to employer for applicants for positions with supervisor or disciplinary power over minors

11140-11144 Furnishing of state criminal history information

13300-13305 Local summary criminal history information Code of Regulations, Title 11 700-708 Criminal offender record information

Adopted:

Revised: