(a) The commissioner shall require a background investigation of each applicant by means of a Federal Bureau of Investigation criminal history record check of the individuals subject to investigation under Section 100009 and shall require the submission of fingerprints for each individual subject to investigation under Section 100009.
(b) If the applicant is a partnership, corporation, limited liability company, trust, estate, cooperative, association, or other business organization, the commissioner shall require a Federal Bureau of Investigation criminal history record check, including the submission of fingerprints, for each individual described in Section 100009.
(c) Notwithstanding any other provision of law, the Nationwide Multistate Licensing System Registry may be used as a channeling agent between the United States Department of Justice and the commissioner for purposes of requesting and distributing information for the background investigations described in this section.
(d) (1) An applicant shall not be denied a license on the basis of a criminal conviction, or on the basis of acts underlying a criminal conviction, if the convicted person has obtained a certificate of rehabilitation under Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code or has been granted clemency or a pardon by a state or federal executive.
(2) An applicant shall not be denied a license on the basis of a conviction that has been dismissed pursuant to Section 1203.4, 1203.4a, 1203.41, or 1203.425 of the Penal Code. An applicant who has a conviction that has been dismissed pursuant to Section 1203.4, 1203.4a, or 1203.41 of the Penal Code shall provide the commissioner with proof of the dismissal if it is not reflected in the applicant’s criminal history record report.
(3) An applicant shall not be denied a license on the basis of an arrest that resulted in a disposition other than a conviction, including an arrest that resulted in an infraction, citation, or juvenile adjudication.
(4) An applicant may be denied a license on the grounds that the applicant knowingly made a false statement of fact that is required to be revealed in the application for the license. An applicant shall not be denied a license based solely on an applicant’s failure to disclose a fact that would not have been cause for denial of the license had it been disclosed.
(5) If an applicant is denied a license based solely or in part on conviction history, the applicant shall be notified in writing of all of the following:
(A) The denial or disqualification of licensure.
(B) The procedure for the applicant to challenge the decision or to request reconsideration.
(C) That the applicant has the right to appeal the decision.
(D) The processes to request a copy of the applicant’s complete conviction history and to question the accuracy or completeness of the record.
(Repealed and added by Stats. 2023, Ch. 198, Sec. 10. (SB 152) Effective September 13, 2023.)