Fill - Free fillable CALIFORNIA DEPARTMENT OF JUSTICE Application for Authorization Pursuant (California) PDF form

CALIFORNIA DEPARTMENT OF JUSTICE

Application for Authorization Pursuant to

State Statute

(Public/Private Schools, Government Agencies, Federal

Agencies, Financial Institutions, Public Utilities, &

All Other Applicant Agencies)

BUREAU OF CRIMINAL

INFORMATION AND ANALYSIS

Mail Completed application

to:

Department of Justice

Applicant Information and Certification Program

P.O. Box 903387

Sacramento, CA 94203-3870

TABLE OF CONTENTS

Authorization for Criminal History Information...................................................................................... PAGE 1

Authorization for Custodian of Records Information (NEW - IMPORTANT) ........................................ PAGE 2

Applicant Live Scan Overview ............................................................................................................. PAGE 3

Request for Contributing Agency ORI and/or Response Mail Code (BCII 9001) (REQUIRED) .......... PAGE 4

Guidelines for Completing Request for Contributing Agency ORI and/or Response

Mail Code (BCII 9001).......................................................................................................................... PAGE 5

Notification of ORI, Mail Code and/or Billing Number Assignment (REQUIRED)................................ PAGE 6

Applicant Live Scan Billing Procedures................................................................................................ PAGE 7

Billing Account Application (CJIS 9000)

(REQUIRED - Only if your agency will be billed for services).............................................................. PAGE 9

Applicant Fingerprint Response Subscriber Agreement

(REQUIRED - Please return Page 13 and 14 with this application)..................................................... PAGE 11

Criminal Offender Record Information (CORI) Policy

(REQUIRED - Head of Contributing Agency/Organization).................................................................. PAGE 15

CORI Policy (REQUIRED - Custodian of Records).............................................................................. PAGE 16

Custodian of Records Application Form (BCIA 8374) (REQUIRED) ................................................... PAGE 17

Custodian of Records Request for Live Scan Service (BCIA 8016) form

(Utilized ONLY AFTER receiving DOJ authorization confirmation) ..................................................... PAGE 19

CORI Policy (Employee Statement) .................................................................................................... PAGE 20

Contract for Subsequent Arrest Notification Service (BCIA 8049)

(REQUIRED - Only if State Statute authorizes Subsequent Arrest Notification) ................................. PAGE 21

No Longer Interested Notification ........................................................................................................ PAGE 22

Authorization for Criminal History Information

Various state statutes authorize public/private schools, state government agencies, federal agencies

and other applicant agencies to request criminal record information from the Department of Justice

(DOJ) for a person who applies for a license, employment, or volunteer position.

Information released by the DOJ is restricted to arrests resulting in conviction or arrests which are

pending adjudication for the crimes as specified in Penal Code section 11105 and other state statutes.

In order for us to determine whether your organization meets the requirements to obtain state

criminal history information pursuant to state statute, please complete and return the attached

application package. Incomplete forms will be returned unprocessed.

IMPORTANT - PLEASE READ CAREFULLY

Pursuant to Penal Code section 11102.2(b); the DOJ established a confirmation program to process

fingerprint-based background responses on individuals designated by applicant agencies to serve as

Custodian of Records. Effective January 1, 2011, no person shall serve as an agency Custodian of

Records unless they have been confirmed by the DOJ. Criminal justice agency personnel who have

undergone a state and federal criminal record background check for their agency (currently employed) are

exempt from these requirements.

As such, before any applicant agency can become fully authorized by the DOJ, the DOJ must first

confirm/approve the agency's designated Custodian of Records.

A Custodian of Records means the individual designated by an agency as responsible for the hiring

decisions, and for the security, storage, dissemination, and destruction of the criminal records furnished to

the agency, and who serves as the primary contact for the DOJ for any related issues. Each agency must

designate at least one Custodian of Records

Applicants applying for Custodian of Records confirmation must meet the following criteria:

1. Be at least 18 year old;

2. Complete and submit the Custodian of Records Application Form (BCIA 8374).

The confirmation process will consist of a completed Custodian of Records Application for Confirmation

form (BCIA 8374), which is included in this packet and must be returned along with all required documents.

Additionally, the Custodian of Records must submit fingerprint images to the DOJ via live scan and pay the

$49 state/federal background check fees along with a $30.00 confirmation fee (A total of $79 in fees will

be collected at the live scan site).

Included in this packet is a pre-filled Custodian of Records Request for Live Scan Service (BCIA 8016) form

ready to be utilized to fulfill this requirement once your agency is authorized. PLEASE NOTE: You must

enter all of your Agency's information in the "Employer (Additional response for agencies specified by

statute)" field, with the exception of the Mail Code on the BCIA 8016 form in order for the DOJ to process

your submission.

Confirmation will be denied or revoked on those applicants convicted of a felony offense, or any other

offense that involves moral turpitude, dishonesty, fraud or that impacts the applicant’s ability to perform

the duties or responsibilities of a Custodian of Records. The DOJ will retain the fingerprints for subsequent

arrest notification pursuant to Penal Code section 11105.2. Custodian of Records confirmation, denial, or

revocation letters will be mailed by the DOJ to the designated applicant agency, as identified on the

application by the Custodian of Records applicant.

PLEASE NOTE: DO NOT SUBMIT CUSTODIAN OF RECORDS FINGERPRINT IMAGES UNTIL YOU

HAVE RECEIVED CONFIRMATION FROM THE DOJ THAT YOUR AGENCY IS AUTHORIZED.

After submitting this application, the DOJ's Applicant Information and Certification Program at

authorizationquestions@doj.ca.gov will determine if your agency is authorized and ready for the next step.

Beginning the confirmation process by submitting your Custodian of Records fingerprint images before your

agency is officially authorized to request criminal record information will result in fees being assessed, which

will not be refunded if your agency is determined as not having requesting authority.

Authorization for Custodian of Records Information

Applicant Live Scan Overview

Applicant Live Scan is a system for the electronic submission of applicant fingerprints and the subsequent

automated background check and response. Live scan technology replaces the process of recording an

individual's fingerprint patterns manually through a rolling process using ink and a standard 8" x 8"

fingerprint card. Fingerprints can be digitalized through an electronic process (Live Scan), enabling the

electronic transfer of the fingerprint image data, in combination with personal descriptor information, to

central computers at the Department of Justice (DOJ). This transfer of information takes place in a matter

of seconds, instead of the days required to send hard copy fingerprint cards through the U.S. mail. The

applicant visits an Applicant Live Scan satellite location where the fingerprint images and related data are

electronically transmitted to the DOJ. The recent, rapid expansion of the number of applicant live scan

devices has resulted in an ever increasing volume of applicants availing themselves of live scan technology.

With Live Scan, the applicant is provided with a "Request for Live Scan Service" form (BCIA 8016). The

applicant is also provided with a list of nearby live scan locations and must go to one of the specified

locations to submit fingerprints. At these locations, a trained, certified operator enters the information from

the BCIA 8016 form into the live scan terminal and initiates the live scan fingerprinting process. After

successful electronic capture of the fingerprint images and the accompanying data, the information is

electronically transmitted to the DOJ.

Once the fingerprints and data are received by the DOJ, they are electronically processed by the DOJ

Global Transaction Controller (GTC). Most live scan submissions that have no data or quality errors and

do not result in possible criminal history matches are processed automatically and are responded to

electronically. Live scan transmissions requiring analysis of a criminal record are electronically sent

to the Applicant Response Unit for analysis and dissemination. Live scan submissions are responded

to by electronic mail, and/or U.S. mail when the electronic mail response is not available.

The DOJ will also coordinate other electronic processes resulting from the automated submissions of

fingerprints, including forwarding the fingerprints to the FBI (if required) and coordinating the collection of

associated fees.

We sincerely hope that this information will be useful and will answer your questions about the

electronic processing of fingerprints in California.

Request for Electronic Response Mail CodeRequest for ORI

Contributing Agency Name:

Mailing Address:

City, State, Zip Code:

Your projection for monthly applicant submissions:

Contact Person Name:

Please check the box(es) for the type(s) of applicants for whom you will be submitting:

Employment

License, Certification, Permit

Volunteers

We request that all responses be sent electronically to the same secure mailbox.

We request separate secure mailbox(es) for the following application type(s);

Employment

License, Certification, Permit

Volunteers

ORI's and mail code number(s) will be assigned by the Department of Justice and the information returned

to you on form BCII 9003, Notification of ORI, Mail Code, and/or Billing Number.

STATE OF CALIFORNIA DEPARTMENT OF JUSTICE

BCII 9001 (Rev. 07/2016)

REQUEST FOR CONTRIBUTING AGENCY ORI AND/OR RESPONSE MAIL CODE

In order to submit applicant fingerprints via Live Scan, you must have an Originating Agency Identifier (ORI)

code to identify your agency. In order to receive responses electronically, you must request a Response

Mail Code. Note that electronic responses will be sent to a secure electronic mailbox, from which you will

retrieve your messages. In order to receive a Mail Code, you must have a completed form BCII 9005,

Subscriber Agreement, on file with the Department of Justice or returned with this request.

Phone Number:

Title or Position (i.e., Classified Employee)

Identify Licensing Agency as it would appear on fingerprint card (i.e., Department of Social Service)

Type of License, Certification, Permit

Please describe the services your agency provides and indicate the California statute you believe

authorizes your agency to request criminal history information.

Fax Number:

Email:

GUIDELINES FOR COMPLETING FORM BCII 9001,

"REQUEST FOR CONTRIBUTING AGENCY ORI AND/OR RESPONSE MAIL CODE"

FIELD INSTRUCTIONS

1) Service(s) requested

Check the appropriate box(es). You must request an

ORI if you do not already have one and you intend to

submit via Live Scan. You must request an electronic

response mail code if you want your responses to be sent

electronically to a secure mail server instead of by U.S.

mail. Your agency will be assigned an ORI and/or mail

code by the DOJ.

2) Contributing agency name, mailing address,

and projected monthly submissions

Enter the agency/organization's information.

3) Contact person

Enter the name of the person within your agency that DOJ

can contact if any questions arise.

4) Phone number

Enter the contact person's phone number.

5) Employment

Check this box if you will be submitting fingerprints of

potential employees and enter the title or position of

employees to be fingerprinted. If you will submit for all

employees, state "all employees".

6) License, Certification, Permit

Check this box if you will submit for licenses, certifications,

or permits and enter the types of licenses, etc. you

issue. .

7) Identify licensing agency

If you checked the license, certification, and permit box,

please provide the licensing agency name as it would

appear on a fingerprint submission.

8) Volunteers

Check this box if you will be fingerprinting volunteers.

9) Electronic response mailbox

Check this box if ALL SUBMISSIONS will be going to the

same electronic response mailbox

10) Designate more than one electronic response

If responses in your agency are designated to different

locations based on the application type, and you want a

separate mailbox for any or all of your applicant types,

check the appropriate box(es).

STATE OF CALIFORNIA DEPARTMENT OF JUSTICE

NOTIFICATION OF ORI, MAIL CODE, AND/OR BILLING NUMBER

CONTRIBUTING Agency - please provide a complete address in the space below. This form will be returned

to you with your ORI, Mail Code, and/or Billing Number information.

Listed below are the ORI, Mail Code, and/or Billing Number assigned to your agency for applicant responses.

ORI

Mail Code

Billing Number

If separate response locations were requested, assigned codes are as follows:

Type ORI Mail Code

Employment

Licensing, Certification, or

Permit

Volunteer

STATE OF CALIFORNIA DEPARTMENT OF JUSTICE

BCII 9003

(REV. 1/09)

Should your address or agency information change in the future, you must notify the DOJ immediately.

Please visit the DOJ's website to obtain form BCIA 8386, Applicant Submitting Agency Request to Change.

The following are the ONLY applicant types with CJIS codes your agency is authorized to submit to the DOJ for

background check purposes. The CJIS Code is for internal use only and is not utilized on the BCIA 8016 form.

Applicant Type CJIS Code

Contributing Agency Name:

Mailing Address:

City, State, Zip Code:

APPLICANT LIVE SCAN BILLING PROCEDURES

The Department of Justice (DOJ) has developed the following procedures for the billing and collection of

fingerprint fees. The first requirement in the applicant Live Scan Billing process is to provide the DOJ with

billing authorization to allow fee collection for services provided. Agencies must provide the following:

* All applicant agencies who wish to be billed for submitting fingerprints via Live Scan must

complete form CJIS 9000, Billing Account Application.

* Non-state Live Scan agencies (e.g., public schools) must complete a Memorandum of

Understanding.

* State agencies (e.g., Social Services) with Live Scan devices must complete a new Interagency

Agreement even if they currently have one.

The approved agencies will be assigned a DOJ billing number to be used for background check fees. The

DOJ billing number cannot be used for the rolling fees. The following actions must occur in order for the

DOJ to generate a monthly invoice for services and to ensure that the correct agency is billed for services

received.

* The Live Scan operator must input a customer billing number on every applicant Live Scan

transmission sent to the DOJ. The customer billing number keyed should be either the number

for the live scan agency or the licensing applicant agency, to be determined as follows:

> Applicant Agency - The requesting agency is responsible for the information entered on

the 8016 form provided to the applicant. If the billing number is entered on the

Contributing Agency Section (in the area title "BIL") of the 8016 form, the Live Scan

operator will enter the billing number and the requesting agency will be billed. If the

requesting agency does not want to be billed for the applicant, "APPLICANT MUST PAY"

is entered on the 8016 form in place of the billing number.

> Live Scan Agency - If the live scan agency collects cash, credit, or a check on behalf

of the DOJ for payment of the background check fees, the Live Scan operator will enter the

Live Scan Site billing number. The Live Scan Site will be billed by the DOJ for the

background fees collected.

> Please note - If the applicant is fee exempt, the Live Scan operator must still enter the

Live Scan agency's customer billing number into the transmission. No charges will

be billed to the agency for fee exempt transmissions.

> If the applicant is not fee exempt, does not pay for services, and there is no billing number

on the Request for Live Scan Service form, the Live Scan operator should not fingerprint

the applicant.

*** Applicant Agencies are not required to complete the Billing Account Application (CJIS 9000) if its

applicants will be paying the DOJ fees at the Live Scan Site ***

* The DOJ Accounting Office will generate invoices based on the Live Scan transmission

information thirty days in arrears. Based on the monthly billing cycle, each agency will be billed

for transmissions occurring between the first day and the last day of the prior month. The agency

will generally receive invoices within the first fifteen working days of the month.

* The CJIS Executive Office, Billing Unit (BU) will bill for fingerprint transmissions on a monthly

basis. To begin receiving monthly fingerprint billings along with a billing detail, your agency must

have both an Agency ORI number and a customer billing number. If you do not have an ORI

number, complete this packet and mail the packet including CJIS 9000 - Billing Account

Application to DOJ. If you already have an ORI number, call (916) 227-3870 (Option #4) and in

approximately 1-2 weeks you will receive the assigned customer billing number. The monthly

billing detail report will consist of the applicant's name, fingerprint date, and total fingerprint fees

billed.

* Payment to DOJ is due upon receipt of the invoice. If there are discrepancies, please complete

Form BCII 9006 - Credit Request - Applicant Live Scan Fingerprint Billing and fax to BU at

(916) 227-1149, listing the applicant(s) in dispute. The Credit Request form is available on the

internet at http://ag.ca.gov/fingerprints/forms/BCII%209006.pdf. Please pay promptly for those

charges with which you agree, and short pay the invoice by the amount of charges in dispute.

The BU will notify the agency if it denies the Credit Request. NOTE: If an agency does not

submit a Credit Request, the agency will be held liable for the outstanding charges. Failure to

remit payment in a timely manner may result in the agency being sent to collections and having

its customer billing number disabled. The DOJ will not accept Credit Requests received three or

more years after final payment of an invoice. Credit and rebill information will appear at the

bottom of the monthly billing detail report the month following a credit request.

* The applicant agency will be responsible for payment if the fields on Form BCIA 8016 - Request

for Live Scan Service are not completed correctly. Therefore, it is extremely important that the

agency follow the Form BCIA 8016 Instructions available on the internet at

https://oag.ca.gov/fingerprints/forms.

* The Live Scan agency will be responsible for payment if the operator fails to input a customer

billing number or inputs an incorrect billing number and/or applicant agency information, and the

DOJ cannot determine which agency should be billed for the transmission.

Please call the BU at (916) 227-3870 for any of the following:

1. Establish a customer billing number (only if the ORI and electronic response codes have already

been established).

2. Update billing contact information.

3. To resolve Live Scan Billing discrepancies.

APPLICANT LIVE SCAN BILLING PROCEDURES (continued)

STATE OF CALIFORNIA DEPARTMENT OF JUSTICE

CJIS 9000

(Orig. 09/2004; Rev. 06/2016)

Business/Agency Type:

School District Corporation

Non-Profit Organization

Private School

Local Government

Sole Proprietorship/Partnership

Federal Government State Government

Federally-Recognized Tribe or Designee

(Fund Code Required)

ALL APPLICABLE INFORMATION MUST BE COMPLETED LEGIBLY. INCOMPLETE APPLICATIONS WILL BE RETURNED.

Business/Agency Name:

Business/Agency Address:

City: State: ZIP Code:

Federal Tax Identification Number*:

Social Security Number (Sole Proprietorship or Partnership)*:

*EITHER a Federal Tax Identification Number OR Social Security Number must be provided.

Authorized Representative:

Telephone Number: Facsimile Number:

Electronic Mail Address:

I, the undersigned, have the authority to conduct business for the business/agency listed above. I confirm that all the information

on this application is true and correct. I give my permission to the Department of Justice (DOJ) to research and confirm all

information provided and to request a credit report at any time. I understand this is an agreement to pay the processing fees

associated with the electronic transmission of State and/or Federal criminal offender record information requests, including fees

incurred by duplicate transmissions or other errors on the part of the above business/agency or its representative(s). Failure to

remit payment in a timely manner may result in the DOJ utilizing all information provided on this billing account application for

collection purposes; in addition, the DOJ may disable your customer billing number. I agree to the terms of this agreement and

understand it will remain in effect until written cancellation is provided by either party with 30 days notice.

Signature

Printed Name

Title Date

DOJ Use Only

Input By: Account #: Received Date:

Input Date: ORI #: ACN #:

BILLING ACCOUNT APPLICATION

DEPARTMENT OF JUSTICESTATE OF CALIFORNIA

CJIS 9000

(Orig. 09/2004; Rev. 06/2016)

Privacy Notice

As Required by Civil Code § 1798.17

Collection and Use of Personal Information. The California Justice Information Services Division's Operations

Support Program (OSP) in the California Department of Justice collects the information requested on this form as

authorized by Penal Code section 11105. OSP uses this information to create a Billing Account for the collection of fees

for services rendered. In addition, any personal information collected by state agencies is subject to the limitations in the

Information Practices Act and state policy. The California Department of Justice's general privacy policy is available at

http://oag.ca.gov/privacy-policy.

Providing Personal Information. All the personal information requested in the form must be provided. This form may

not be processed for failure to provide all personal information requested.

Access to Your Information. You may review the records maintained by OSP in the California Department of Justice

that contain your personal information, as permitted by the Information Practices Act. See below for contact information.

Possible Disclosure of Personal Information. In order to collect fees for services rendered, we may need to share the

information you give us with collection agencies should your account become delinquent.

The information you provide may also be disclosed in the following circumstances:

• In response to a Public Records Act request, as allowed by the Information Practices Act;

• To another government agency as required by state or federal law;

• In response to a court or administrative order, a subpoena, or a search warrant.

Contact Information. For questions about this notice or access to your records, you may contact OSP by phone at

(916) 227-3870, by e-mail at DOJ.AppBill@doj.ca.gov, or via mail at:

California Department of Justice

Operations Support Program, D-214

4949 Broadway

Sacramento, CA 95820

Attn: Electronic Billing Section

STATE OF CALIFORNIA DEPARTMENT OF JUSTICE

BCII 9005

(REV 1/09)

APPLICANT FINGERPRINT RESPONSE SUBSCRIBER AGREEMENT

PAGE 1 OF 4

SECURITY OF CRIMINAL OFFENDER RECORD INFORMATION

Criminal Offender Record Information (CORI) is information identified through fingerprint submission to the

Department of Justice (DOJ) with a criminal record or "No Record". It is confidential information

disseminated to applicant agencies authorized by California statute for the purposes of employment,

licensing, certification, and volunteer clearances. The following information describes each agency's

responsibility toward accessing, storage, handling, dissemination, and destruction of CORI.

Background

Penal Code sections 11105 and 13300 identify who may have access to criminal history information and

under what circumstances it may be released.

The DOJ maintains the California Law Enforcement Telecommunications System (CLETS) that provides

law enforcement agencies with information directly from federal, state, and local computerized information

files. However, restrictions have been placed on the user to ensure that the rights of all citizens of

California are properly protected.

Article 1, section 1 of the California Constitution grants California citizens an absolute right to privacy.

Individuals or agencies violating these privacy rights place themselves at both criminal and civil liability.

Laws governing Californians' right-to-privacy were created to curb, among other things, the excessive

collection and retention of personal information by government agencies, the improper use of information

properly obtained for a proper purpose, and lack of a reasonable check on the accuracy of existing records.

(White v. Davis (1975) 13 Cal. 3d 757,775.)

Employment Background Checks

It is only through the submission of fingerprints to the DOJ that the true identity of an individual can be

established. In a 1977 lawsuit (Central Valley v. Younger), the court ruled that only arrest entries resulting in

conviction, and arrest entries that indicate active prosecution, may be provided for evaluation for

employment, licensing, or certification purposes.

Exceptions

Some statutory provisions, such as those relating to youth organizations, schools, and financial institutions,

further limit information dissemination to conviction for specific offenses. Records provided for criminal

justice agency employment as defined in Section 13101 of the Penal Code are exempt from these

limitations. In addition, arrest information for certain narcotic and sex crimes, irrespective of disposition,

will be provided for employment with a human resource agency as defined in section 1250 of the Health

and Safety Code. Other exceptions are listed in the CLETS Policies, Practices, and Procedures

(section 1.6.1).

STATE OF CALIFORNIA DEPARTMENT OF JUSTICE

BCII 9005

(REV. 1/09)

PAGE 2 OF 4

APPLICANT FINGERPRINT RESPONSE SUBSCRIBER AGREEMENT

SECURITY OF CRIMINAL OFFENDER RECORD INFORMATION (continued)

Unauthorized Access and Misuse

The unauthorized access and misuse of CORI may affect an individual's civil rights. Additionally, any

person intentionally disclosing information obtained from personal or confidential records maintained by a

state agency or from records within a system of records maintained by a governmental agency has violated

various California statutes. There are several code sections that provide penalties for misuse or

unauthorized use of CORI.

Authorized Access

CORI shall be accessible only to the Records Custodian and/or hiring authority charged with determining

the suitability for employment or licensing of an applicant. The information received shall be used by the

requesting agency solely for the purpose for which it was requested and shall not be reproduced for

secondary dissemination to any other employment or licensing agency.

The retention and sharing of information between employing and licensing agencies are strictly prohibited.

Retention and sharing of information infringes upon the right of privacy as defined in the California

Constitution, and fails to meet the compelling state interest defined in Loder v. Municipal Court (1976)17

Cal. 3d859. In addition, maintenance of CORI separate from the information maintained by the DOJ

precludes subsequent record updates and makes it impossible for the DOJ to control dissemination of CORI

as outlined in section 11105 of the Penal Code.

CLETS Policies, Practices, and Procedures state that any information transmitted or received via CLETS is

confidential and for official use only by authorized personnel (section 1.6.4). The California Code of

Regulations, Article 1, section 703, addresses the "right and need" to know CLETS-provided information.

The Bureau of Criminal Information and Analysis (BCIA) recommends that state summary criminal

history records, obtained for employment, licensing, or certification purposes, be destroyed once a decision

is made to employ, license, or certify the subject of the record. Agencies that either are mandated or

permitted by California statute to receive subsequent arrest notifications pursuant to Penal Code (PC)

section 11105.2 must complete a Contract for Subsequent Arrest Notification Service (BCIA 8049).

Retention of criminal history records beyond this time should be based on documented legal authority and

need. Any records retained must be stored in a secured, confidential file. The agency should designate a

specific person responsible for the confidentiality of the record and have procedures to prevent further

dissemination of the record, unless such dissemination is specifically provided for by law or regulation.

STATE OF CALIFORNIA DEPARTMENT OF JUSTICE

BCII 9005

(REV. 1/09)

PAGE 3 OF 4

APPLICANT FINGERPRINT RESPONSE SUBSCRIBER AGREEMENT

As an agency receiving background clearance information in response to the submission of applicant

fingerprint cards to the DOJ, you are aware of the regulations regarding the security of the hard copy

information that you currently receive. The purpose of this Subscriber Agreement is to restate existing

regulations and clarify how they apply to the electronic receipt of this same information via fax or e-mail.

There are no new regulations. Items 1, 2, 4, 5, and 7 restate existing regulations relative to receiving hard

copy information. Item 2 has been expanded to include electronic information. Items 3 and 6 are intended

to clarify these regulations relative to electronic information.

In accordance with section 11077 of the Penal Code, the Attorney General is responsible for the security

of criminal offender record information. Section 707(a) of the California Code of Regulations requires that

"Automated systems handling criminal offender record information and the information derived

therefrom shall be secure from unauthorized access, alteration, deletion, or release. The computer

terminals shall be located in secure premises."

This agreement is between the

and the Department of Justice for the purposes of the exchange of criminal offender record information.

The above agrees that:

1. Criminal offender record information and the information derived therefrom shall be accessible

only to the records custodian and/or hiring authority charged with determining the suitability

of the applicant.

2. Confidential information received electronically or via mail shall be used solely for the purpose

for which it was requested and shall not be reproduced for secondary dissemination to any other

employment or licensing agency.

3. Retention of CORI is permissible if, after making its initial employment, licensing, or

certification decision, the agency has legitimate business need for the information and there

are no statutory requirements to destroy such information. Any record information that is

retained by the applicant agency must be stored in a secure and confidential file.

4. Criminal history background checks have been completed on all individuals with access or

proximity to terminals or fax machines receiving criminal offender record information.

5. Staff with access to criminal offender record information have received training and counseling

on the handling of criminal offender record information and have signed employment statement

forms acknowledging and understanding of the criminal penalties for the misuse of criminal

offender record information (Penal Code sections 502, 11142, and 11143).

SUBSCRIBER AGREEMENT

STATE OF CALIFORNIA DEPARTMENT OF JUSTICE

BCII 9005

(REV. 1/09)

PAGE 4 OF 4

APPLICANT FINGERPRINT RESPONSE SUBSCRIBER AGREEMENT

6. Reasonable measures shall be taken to locate terminals and fax machines in a secure area to

provide protection from unauthorized access to criminal offender record information by other

than authorized personnel. Access is defined as the ability to view criminal offender record

information on a terminal or on paper.

7. Pursuant to section 702 of the California Code of Regulations, authorized agencies violating

this agreement may lose direct access to criminal offender record information maintained by

the Department of Justice.

Signature of Agency Official

Printed Name of Agency Official

Title of Agency Official

Date

City, State, Zip Code:

Mailing Address:

Contributing Agency Name:

Phone Number:

CALIFORNIA JUSTICE INFORMATION SERVICES DIVISION

CRIMINAL OFFENDER RECORD INFORMATION POLICY

Use of Applicant Criminal Offender Record Information

Head of contributing agency/organization must sign and return document

This policy has been developed to meet the requirements of the State of California, Department of Justice, Division of

California Justice Information Services, for any agency that receives Criminal Offender Record Information (CORI).

To ensure the suitability of individuals accessing confidential criminal history records, anyone with access to CORI

shall be fingerprinted and processed through the California Department of Justice.

The overall responsibility for the administration of this rests with the agency head or person in charge.

A. Record Security: Any questions regarding the release, security and privacy of Criminal Offender Record

Information (CORI) are to be resolved by the agency head or person in charge.

B. Record Destruction: It is recommended that the state summary of CORI obtained for employment, licensing or

certification purposes be destroyed once a decision is made to employ, license or certify the subject of the

record. Retention beyond this time, should be based on legitimate business need or statute.

C. Record Dissemination: CORI shall be used only for the purpose for which it was requested.

D. Record Storage: CORI shall be securely maintained and accessible only to the agency head and any others

designated by the agency head committed to protect CORI from unauthorized access, use, or disclosure.

E Record Reproduction: CORI shall not be reproduced for secondary dissemination to any other employment or

licensing agency. However, the requesting agency may provide a copy of the DOJ applicant response to the

subject of the record.

F. Training: The agency head shall:

1. Understand and enforce this policy.

2. Be fingerprinted and have a criminal history clearance.

3. Have on file a signed copy of the attached Employee Statement Form (which is itself a part

of this policy) which acknowledges an understanding of laws prohibiting misuse of CORI.

G. Penalties: Misuse of CORI is a criminal offense. Misuse of CORI may result in criminal or civil prosecution

and/or administrative action up to and including loss of access to information maintained by the Department of

Justice.

I HAVE READ THE ABOVE AND UNDERSTAND THE POLICY REQUIREMENTS.

Signature:

Contributing Agency/Organization Name:

Mailing Address:

Date:

City, State, Zip Code:

Physical Address:

Print Name: Title:

CUSTODIAN OF RECORDS DUTIES

1. The information provided by the Department of Justice (DOJ) to this agency is confidential and shall not be

disseminated to any other person or agency not authorized by law. A violation of this section is a misdemeanor (Penal

Code section 11142). However, the requesting agency may provide a copy of the DOJ applicant response to the subject

of the record.

2. All personnel/individuals with access to Criminal Offender Record Information (CORI) will have a fingerprint background

clearance record check completed through the DOJ as required by the California Code of Regulations section 703(d)

prior to the submission of fingerprints for employment, licensing, certification, or volunteer purposes.

3. All personnel/individuals with access to CORI will have a signed "Employee Statement Form" on file acknowledging an

understanding of laws prohibiting its misuse.

4. All personnel/individuals with access to CORI will be trained in the secure handling, storage, dissemination, and

destruction of CORI.

5. My agency/organization will have a written policy for securing access, storage, dissemination, and destruction of criminal

record information. This policy will include the steps to be taken to prevent unauthorized access to CORI maintained in

our agency files.

6. The DOJ may conduct audits of the authorized persons or agencies using CORI to ensure compliance with state laws

and regulations (California Code of Regulations section 702(c)).

7. The information provided by the DOJ will be maintained in a secured area/locked cabinet separate from the employees

personnel file and be used only for the purpose for which it was acquired.

8. Our agency/organization will notify the DOJ with regard to any change of agency name, address, telephone number, fax

number, Custodian of Records, and contact person.

9. The "NLI Notification Form" will be sent to the DOJ when applicable.

10. Our agency/organization will send an updated "Live Scan Subscriber Agreement Form" to the DOJ signed by our new

agency official when applicable.

On behalf of our agency/organization, I hereby acknowledge that I have read and agree to the above.

Custodian of Records must sign and return document

CALIFORNIA DEPARTMENT OF JUSTICE

CALIFORNIA JUSTICE INFORMATION SERVICES DIVISION

CRIMINAL OFFENDER RECORD INFORMATION SECURITY REQUIREMENTS

Use of Applicant Criminal Offender Record Information

Physical Address:

City:

Mailing Address:

Contributing Agency/Organization Name:

Title:

Print Name:

Signature:

Date:

Zip Code:

State:

City:

Zip Code:

State:

Applicant Information

Last Name: First Name: Middle Name:

Address: City: Zip Code:

Phone Number: Date of Birth: Driver's License/CA ID Number:

Agency/Organization Information

Agency Head: Phone Number:

Agency Name: ORI: Mail Code:

Address: City:

Please answer fully the following questions:

Does the designated Custodian of Records work for the applicant agency?

Yes

If yes, what is the relationship?

If no, what is the relationship?

If yes, please list other names below:

Have you ever used a name other than the one on this application?

Yes No

Have you ever been denied a professional license or had such license revoked, suspended, or restricted? Yes No

If yes, give details below:

Have you ever been adjudged liable for damages in any suit grounded in fraud, misrepresentation, or in violation of state regulatory

laws?

Yes No

If yes, give details below:

Have you ever failed to satisfy any court ordered money judgment including restitution?

Yes No

If yes, give details below:

Misrepresentation or Failure to Disclose Requested Information on this Application

Is Cause for Denial or Revocation of Confirmation.

Certification

I certify under penalty of perjury under the laws of the State of California to the truth and accuracy of all statements, answers, and representations made in the

foregoing application, including all supplementary statements.

Signature of Applicant Date

California Department of Justice

Bureau of Criminal Information and Analysis

Custodian of Records Unit

P.O. Box 903417

Sacramento, CA 94203-4170

DOJ USE ONLY

Date confirmed: Completed by:

Confirmation of Custodian of Records

(initials)

If yes, give details below:

Yes

Have you ever been arrested in California or any other state and/or are you awaiting adjudication for any offense for which you were arrested?

NoYes

Have you ever been convicted by any court of a felony or misdemeanor offense in California or any other state?

If yes, disclose the date and place of arrest, whether the conviction was for a felony or misdemeanor, and the sentence imposed:

PAGE 1 of 2

BCIA 8374

(Rev. 07/2019)

DEPARTMENT OF JUSTICESTATE OF CALIFORNIA

CUSTODIAN OF RECORDS APPLICATION FOR CONFIRMATION

(Penal Code section 11102.2)

State:

Zip Code:State:

Email:

Privacy Notice

As Required by Civil Code § 1798.17

Collection and Use of Personal Information. The California Justice Information Services (CJIS) Division in the

Department of Justice collects the information requested on this form as authorized by Penal Code section 11102.2(d).

The CJIS Division uses this information for the purpose of processing fingerprint-based criminal offender record

information background responses on individuals designated by applicant agencies to serve as Custodian of Records. In

addition, any personal information collected by state agencies is subject to the limitations in the Information Practices Act

and state policy. The Department of Justice's general privacy policy is available at: http://oag.ca.gov/privacy-policy.

Providing Personal Information. All the personal information requested in the form must be provided.

Access to Your Information. You may review the records maintained by the CJIS Division in the Department of Justice

that contain your personal information, as permitted by the Information Practices Act. See below for contact information.

Possible Disclosure of Personal Information. In order to process fingerprint-based criminal offender record information

background responses on individuals designated by applicant agencies to serve as Custodian of Records, we may need

to share the information you give us with other law enforcement or regulatory agencies.

The information you provide may also be disclosed in the following circumstances:

• With other persons or agencies where necessary to perform their legal duties, and their use of your information is

compatible and complies with state law, such as for investigations or for licensing, certification, or regulatory

purposes;

• To another government agency as required by state or federal law.

Contact Information. For questions about this notice or access to your records, you may contact the Custodian of

Records Program Analyst by phone at (916) 210-5468, by e-mail at COR@doj.ca.gov, or via mail at:

California Department of Justice

Bureau of Criminal Information and Analysis

Custodian of Records Unit

P.O. Box 903417

Sacramento, CA 94203-4170

PAGE 2 of 2

CUSTODIAN OF RECORDS

APPLICATION FOR CONFIRMATION

(Penal Code section 11102.2)

BCIA 8374

(Rev. 07/2019)

DEPARTMENT OF JUSTICESTATE OF CALIFORNIA

Applicant Submission

ORI (Code assigned by DOJ)

CA0349400

Authorized Applicant Type

CUSTDN RECORDS 11102.2 PC

Type of License/Certification/Permit OR Working Title (Maximum 30 characters - if assigned by DOJ, use exact title assigned)

CUSTODIAN OF RECORDS

Contributing Agency Information:

Agency Authorized to Receive Criminal Record Information

DEPARTMENT OF JUSTICE

Street Address or P.O. Box

P.O. Box 903417

City

SACRAMENTO

State

ZIP Code

94203-4170

Mail Code (five-digit code assigned by DOJ)

15798

Contact Name (mandatory for all school submissions)

Contact Telephone Number

Applicant Information:

Last Name

First Name

Middle Initial

Suffix

Other Name

(AKA or Alias)

Last

First

Suffix

Date of Birth

Sex

Male

Female

Driver's License Number

Height

Weight Eye Color

Hair Color

Place of Birth (State or Country)

Social Security Number

Home

Address

Street Address or P.O. Box City State ZIP Code

Billing

Number

(Agency Billing Number)

Misc.

Number

(Other Identification Number)

Your Number:

OCA Number (Agency Identifying Number)

Level of Service:

DOJ FBI

If re-submission, list original ATI number:

(Must provide proof of rejection)

Original ATI Number

Employer (Additional response for agencies specified by statute):

Employer Name

Street Address or P.O. Box

City

State

ZIP Code

Mail Code (five digit code assigned by DOJ)

Telephone Number (optional)

Live Scan Transaction Completed By:

Name of Operator Date

Transmitting Agency LSID ATI Number Amount Collected/Billed

ORIGINAL - Live Scan Operator SECOND COPY - Applicant THIRD COPY (if needed) - Requesting Agency

STATE OF CALIFORNIA DEPARTMENT OF JUSTICE

BCIA 8016CUS

(orig. 04/2001; rev. 12/2010)

REQUEST FOR LIVE SCAN SERVICE

(Custodian of Records)

Print Form

Reset Form

As an employee/volunteer of:

You may have access to confidential criminal record information which is controlled by state and federal

statutes. Misuse of such information may adversely affect the individual's civil rights and violate

constitutional rights of privacy. Penal Code section 502, prescribes the penalties relating to computer crimes.

Penal Code Sections 11105 and 13300, identify who has access to criminal history information and under

what circumstances it may be disseminated. Penal Code Sections 11140-11144 and 13301-13305,

prescribe penalties for misuse of criminal history information. Government Code Section 6200, prescribe

felony penalties for misuse of public records. Penal Code Sections 11142 and 13300 state:

"Any person authorized by law to receive a record or information obtained from a record who

knowingly furnishes the record or information to a person not authorized by law to receive a record

or information is guilty of a misdemeanor."

Civil Code Section 1798.53, Invasion of Privacy, states:

"Any person who intentionally discloses information, not otherwise public, which they know or should

reasonably know was obtained from personal or confidential information maintained by a state

agency or from records within a system of records maintained by a federal government agency,

shall be subject to a civil action, for invasion of privacy, by the individual."

CIVIL, CRIMINAL, AND ADMINISTRATIVE PENALTIES:

* Penal Code Section 11141: DOJ furnishing to unauthorized person (misdemeanor)

* Penal Code Section 11142: Authorized person furnishing to other (misdemeanor)

* Penal Code Section 11143: Unauthorized person in possession (misdemeanor)

* California Constitution, Article I, Section ( (Right to Privacy)

* 1798.53 Civil Code, Invasion of Privacy

* Title 18, USC, Sections 641, 1030, 1951, and 1952

Any employee who is responsible for such misuse may be subject to immediate dismissal. Violations of this

law may result in criminal and/or civil action.

I HAVE READ THE ABOVE AND UNDERSTAND THE POLICY REGARDING MISUES OF

CRIMINAL RECORD INFORMATION

All personnel with access must sign this form which is kept by the Custodian of Records

CALIFORNIA DEPARTMENT OF JUSTICE

CALIFORNIA JUSTICE INFORMATION SERVICES DIVISION

EMPLOYEE STATEMENT

Use of Applicant Criminal Offender Record Information

Contributing Agency/Organization Name:

Date:Signature:

PLEASE NOTE: Do not return this form to the DOJ. Your Custodian of Records should maintain these forms

Contributing Agency/Organization Name:

Print Name: Title:

STATE OF CALIFORNIA DEPARTMENT OF JUSTICE

BCIA 8049

(Rev. 03/2018)

CONTRACT FOR SUBSEQUENT ARREST NOTIFICATION SERVICE

Department of Justice

Bureau of Criminal Information and Analysis

P.O. Box 903417

Sacramento, CA 94203-4170

The agency listed below is authorized to receive state summary criminal history information from the files of the

Department of Justice (DOJ) for employment, licensing, or certification purposes. This agency further requests that

fingerprint transactions submitted for this purpose be retained in DOJ's files for California only subsequent arrest

notification service pursuant to section 11105.2 of the California Penal Code. Fingerprint submissions received

before the effective date of this contract will not be retained by the DOJ.

AGENCY NAME:

AGENCY ADDRESS:

CITY: ZIP CODE:

ORI NUMBER: (If Applicable)

CONTACT PERSON(S):

CONTACT PERSON(S) TELEPHONE:

Please retain the following authorized categories:

ALL EMPLOYEES ALL VOLUNTEERS

ALL LICENSES, CERTIFICATIONS, OR PERMITS

OTHER: (specify)

This agency certifies that, to its knowledge, there is no statute or regulation prohibiting this notification and that all

requirements for criminal record security and privacy of individuals will be met. This agency will notify the Bureau of

Criminal Information and Analysis when it no longer has a legitimate interest in a subject, as required by section

11105.2 of the California Penal Code. The agency agrees to immediately return any subsequent arrest notification

received from DOJ for any person unknown to the agency.

Signature of Agency Representative Date

Print Name

Title of Agency Representative

FOR DOJ USE ONLY:

Approved Not Authorized

Signature of DOJ Representative

Effective Date

STATE:

No Longer Interested Notification

California Penal Code section 11105.2 (d) states, in part, that any agency which submits the fingerprints of applicants

for employment or approval to the Department of Justice (DOJ) for the purpose of establishing a record of the

applicant to receive notification of subsequent arrests, shall immediately notify the Department when employment is

terminated or the applicant is not hired.

It is the responsibility of the hiring/approving authority to notify the Department of Justice, Bureau of Criminal

Information and Analysis when employment has been terminated or when an applicant or volunteer is not actually

retained in the position for which they applied.

The No Longer Interested Form can be access at the following link:

https://oag.ca.gov/sites/all/files/agweb/pdfs/fingerprints/forms/nli.pdf?

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