Employers: prohibited disclosure of information: arrest or detention.

Existing law prohibits an employer from asking an applicant to disclose, or from utilizing as a factor in determining any condition of employment, information concerning an arrest or detention that did not result in a conviction, or information concerning a referral or participation in, any pretrial or posttrial diversion program, except as specified. Existing law also prohibits an employer, as specified, from asking an applicant to disclose, or from utilizing as a factor in determining any condition of employment, information concerning a conviction that has been judicially dismissed or ordered sealed, except in specified circumstances. Applicants for employment with the Department of Justice or with other criminal justice agencies, among others, are an exception to these prohibitions, so that information about applicants for these positions may be disclosed or sought. Existing law makes it a crime to intentionally violate these provisions. This bill would modify the above-described exception to apply to persons seeking employment or already employed by the Department of Justice or a criminal justice agency whose specific duties directly relate to the collection or analysis of evidence or property, directly relate to the apprehension, prosecution, adjudication, incarceration, or correction of criminal offenders, or directly relate to the collection, storage, dissemination, or usage of criminal offender record information. Because this bill would modify the scope of a crime, it would impose a state-mandated local program. Existing law authorizes a criminal justice agency to release criminal history information under certain circumstances, including the release of information concerning an arrest or detention of a peace officer, or applicant for a position as a peace officer, which did not result in conviction or information concerning a referral to and participation in any postarrest diversion program or deferred entry of judgment program to a government agency employer of that peace officer or applicant. This bill would also authorize a criminal justice agency to release that information concerning an employee of a criminal justice agency, or an applicant for a position within a criminal justice agency, to a government agency employer of that employee or applicant, if the specific duties of that employee or position directly relate to the collection or analysis of evidence or property, directly relate to the apprehension, prosecution, adjudication, incarceration, or correction of criminal offenders, or directly relate to the collection, storage, dissemination, or usage of criminal offender record information. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.