Criminal history information: subsequent arrest notification.
Impact
By allowing the DOJ to submit fingerprints to the FBI and search latent fingerprint images against retained submissions, AB 2630 significantly streamlines the process for monitoring criminal records. This change enhances the ability of organizations to ensure ongoing compliance with public safety standards, especially for positions involving vulnerable populations. Additionally, the bill permits the collection of fees for these federal notification services, which aims to cover the costs associated with these enhancements while strengthening cooperation with federal authorities.
Summary
Assembly Bill 2630, introduced by Assembly Member Flora, aims to amend Section 11105.2 of the Penal Code, focusing on the sharing of criminal history information. The bill intends to authorize the California Department of Justice (DOJ) to provide subsequent state or federal arrest notifications to various state entities and authorized organizations. This notification is critical for departments such as the State Department of Social Services, the Medical Board, and the Osteopathic Medical Board, as it assists in fulfilling their responsibilities related to employment, licensing, and certification duties.
Contention
One point of contention could arise from the broad scope of the bill, particularly concerning privacy issues for individuals whose criminal history may result in adverse decisions regarding employment or certification. While the bill mandates that any adverse information provided to employers must also be communicated to the individuals affected, critics may argue about the implications of such notifications on their future opportunities. Moreover, the bill does not authorize notifications for dispositions that do not result in a conviction unless prior notification of the arrest has been received, which could also lead to discussions around fairness in how criminal backgrounds are assessed.