AB 3235: Fingerprint rollers and custodians of records.

Existing law requires the Department of Justice to maintain a certification or confirmation program for persons who roll fingerprint impressions for non-law-enforcement purposes and persons who are designated by agencies as custodians of records. Existing law requires them, except as exempt, to be certified or confirmed by the department, as specified. Existing law requires the department to refuse to certify or confirm a fingerprint roller or custodian of records, or revoke their certification or confirmation, upon, among other things, their conviction for a felony offense or their arrest or conviction for an offense that involves moral turpitude, dishonesty, or fraud, and that bears on the persons ability to perform their duties or responsibilities, as specified. Existing law also requires the department to refuse to certify an individual as a fingerprint roller, or to suspend or revoke that certification, upon the revocation, suspension, restriction, or denial of a professional license, if the denial was for misconduct, dishonesty, or any cause substantially related to the duties or responsibilities of their profession.

This bill would instead give the department discretion to refuse to certify or confirm a fingerprint roller or custodian of records, or to revoke their certification or confirmation, based upon, among other things, a felony conviction or an arrest pending conviction or conviction for an offense that is substantially related to the qualifications, functions, or duties of that profession. The bill would make the same change with relation to the revocation, suspension, restriction, or denial of a professional license for fingerprint rollers. The bill would require the department to develop criteria for determining whether an offense is substantially related to the qualifications, functions, or duties of that profession, including, among other factors, the nature and gravity of the offense and whether the applicant has offered credible evidence of rehabilitation, as specified. The bill would prohibit the department from denying certification or confirmation based in whole or in part on a conviction without considering evidence of rehabilitation, as specified. The bill would also prohibit the department from denying certification or confirmation if the applicant has been granted clemency or a pardon by a state or federal executive.