Calaveras County Municipal Code Ch. 2.56 Criminal History Information

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State Law reference— For statutory provisions prohibiting the disclosure of arrest not resulting in conviction, see Labor Code § 432.7; for provisions on access to criminal offender record information, see Penal Code § 13200 et seq.

The following officers are authorized to access and utilize criminal history record information when it is required for them to fulfill employment, certification or licensing duties as specified in this chapter:

A. Personnel officer;

B. Treasurer-tax collector.

(Ord. 910 § 1, 1977).

A. Conviction of a felony, including pleas of guilty and nolo contendere, shall be prima facie disqualification of an applicant for county employment or an applicant for the following county licenses or certifications: sensitive licenses such as massage parlor permits, taxi driver permits, etc.

B. An applicant who is thus prima facie disqualified for employment, licensing or certification may make an appeal in writing to the employing, licensing or certifying agency or officer. The county or officer shall consider the following factors and shall render a decision on whether the appeal should be upheld, which decision shall be final and conclusive:

1. The classification to which the person is applying or in which the person is employed, including its sensitivity;

2. The nature and seriousness of the conduct;

3. The circumstances surrounding the conduct;

4. The recency of the conduct;

5. The age of the applicant at the time of the conduct;

6. Contributing social and environmental conditions;

7. The absence or presence of rehabilitation or efforts at rehabilitation.

(Ord. 910 § 2, 1977).

Notwithstanding the provisions of Section 2.56.010, an applicant for a peace officer position shall be disqualified without the right of appeal from employment if the applicant has been convicted of a felony.

(Ord. 910 § 3, 1977).