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 as peace officers, or with the Department of Justice, or with other criminal justice agencies, or persons already employed as peace officers, are an exception to these prohibitions, so that information about applicants for these positions or employees may be disclosed or sought. Existing law makes it a crime to intentionally violate these provisions. This bill would additionally include persons already employed as nonsworn members of a criminal justice agency, as specified, within the exception to these prohibitions, so that information about these employees may be disclosed or sought. 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, that 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 governmental agency employer of that peace officer or applicant. This bill would also authorize a criminal justice agency to release that information concerning a nonsworn employee of a criminal justice agency, or an applicant for a nonsworn position within a criminal justice agency, to a governmental agency employer of that nonsworn employee or applicant.