Privacy Issues in the Workplace

3. C RIMINAL R ECORDS AN E MPLOYER M UST O BTAIN

a. Law Enforcement Police departments, the Department of Justice and any other agency employing peace officers may obtain and use arrest information when deciding whether to hire peace officer candidates. Section 432.7 recognizes that peace officers are held to a higher standard than other classes of employees. However, these agencies may not automatically dismiss applicants because they have an arrest record. The arrest might have been an isolated incident, clearly in error or not cause for concern for any of a number of reasons. Law enforcement agencies should conduct their own investigation into the arrest. At a minimum the agency should discuss the arrest information with the applicant to attempt to determine the facts before making any decision. b. Public Health Facilities Agencies operating public health facilities may ask job applicants questions about certain types of arrests. They may ask applicants who would work with patients if they have ever been arrested for a violation of Penal Code section 290 The purpose of this exception is to learn if an applicant might harm patients. c. Minors Public Resources Code section 5164 mandates that any city, county, or special district that hires a person for employment, or hires a volunteer to perform services, at a park, playground, recreational center or beach , in a position having supervisory or disciplinary authority over any minor shall complete an application that inquires as to whether or not that individual has been convicted of specified criminal offenses. Likewise, Penal Code section 11105.3 provides that an employer may request from the Department of Justice records of convictions and/or arrests pending adjudication for specified offenses (including sex offenses against minors, theft, robbery, burglary, or any felony) with regard to an applicant for a position in which the applicant would have supervisory or disciplinary power over a minor or any person under his or her care. 4. C RIMINAL R ECORDS AN E MPLOYER M AY O BTAIN The California Penal Code permits public agencies to obtain criminal history information from the Department of Justice. Penal Code section 11105 requires the Department of Justice to maintain the following information about individuals with criminal records:

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Name,

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Date of birth,

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Physical description,

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Fingerprints,

Privacy Issues in the Workplace ©2021 (s) Liebert Cassidy Whitmore 34