Yorba Linda Municipal Code Ch. 2.36 State Summary Criminal Offender Record Information

Pursuant to Penal Code Section 11105, authorization to gain access to criminal offender record information from the California Department of Justice and local criminal agencies is awarded, by the terms of the section, to the following officers of the City: City Manager and City Attorney.

(Prior code § 18-68)

A. If, as a result of the access gained to criminal offender record information pursuant to Section 2.36.010 of this Code, it is determined that an applicant for certain City licenses or permits has been convicted (including a plea of guilty and nolo contendere) of a felony or misdemeanor, such conviction shall be prima facie disqualification of the applicant for the City license or permit requested.

B. The Finance Director, however, may disregard such conviction if it is found or determined by the Finance Director that mitigating circumstances exist. In making such determination, the Finance Director shall consider the following factors:

1. The type of business license or permit for which the person is applying;

2. The nature and seriousness of the offense;

3. The circumstances surrounding the conviction;

4. The length of time elapsed since the conviction;

5. The age of the person at the time of the conviction;

6. The presence or absence of rehabilitation or efforts at rehabilitation;

7. Contributing social or environmental conditions.

C. The Finance Director shall give notice of disqualification to the applicant disqualified under this provision. Such notice shall be in writing and delivered personally or mailed to the applicant at the address shown on the application.

(Prior code § 18-69)