(1)Existing law requires a fingerprint-based criminal history information check that is required pursuant to any statute to be requested from the Department of Justice. When a government agency or other entity requests such a criminal history check for purposes of employment, licensing, or certification, existing law requires the Department of Justice to disseminate specified information in response to the request, including information regarding convictions and arrests for which the applicant is presently awaiting trial.

The California Constitution provides that the University of California constitutes a public trust administered by the Regents of the University of California, a corporation in the form of a board, with full powers of organization and government, subject to legislative control only for specified purposes, including, among others, as may be necessary to ensure the security of its funds.

This bill would expressly authorize the University of California to require background checks, to be completed by the Department of Justice as specified, during the final stages of the recruitment process for prospective staff employees, contractors, and volunteers.

Existing law requires a fingerprint-based criminal history information check that is required pursuant to any statute to be requested from the Department of Justice. When a government agency or other entity requests such a criminal history check for purposes of employment, licensing, or certification, existing law requires the Department of Justice to disseminate specified information in response to the request, including information regarding convictions and arrests for which the applicant is presently awaiting trial.

The California Constitution provides that the University of California constitutes a public trust administered by the Regents of the University of California, a corporation in the form of a board, with full powers of organization and government, subject to legislative control only for specified purposes, including, among others, as may be necessary to ensure the security of its funds.

This bill would require expressly authorize the University of California to require background checks, to be completed by the Department of Justice as specified, during the final stages of the application recruitment process for prospective employees and volunteers who have or would have specified duties, including, among other duties, possession of building master keys for access to residences, offices, or other facilities, and those who would have direct responsibility for the care, safety, and security of people, including children, or property, including the personal property of others or property of the university. The bill would also require any services contract that is entered into, renewed, or amended on or after January 1, 2026, by the University of California to contain a provision requiring the contractor and specified individuals to provide fingerprint images and related information if they will have access to certain records, documents, information, or items. staff employees, contractors, and volunteers.

Existing law requires a fingerprint-based criminal history information check that is required pursuant to any statute to be requested from the Department of Justice. When a government agency or other entity requests such a criminal history check for purposes of employment, licensing, or certification, existing law requires the Department of Justice to disseminate specified information in response to the request, including information regarding convictions and arrests for which the applicant is presently awaiting trial.

The California Constitution provides that the University of California constitutes a public trust administered by the Regents of the University of California, a corporation in the form of a board, with full powers of organization and government, subject to legislative control only for specified purposes, including, among others, as may be necessary to ensure the security of its funds.

This bill would require the University of California to require background checks, to be completed by the Department of Justice as specified, during the final stages of the application process for prospective employees and volunteers who have or would have specified duties, including, among other duties, possession of building master keys for access to residences, offices, or other facilities, and those who would have direct responsibility for the care, safety, and security of people, including children, or property, including the personal property of others or property of the university. The bill would also require any services contract that is entered into, renewed, or amended on or after January 1, 2026, by the University of California to contain a provision requiring the contractor and specified individuals to provide fingerprint images and related information if they will have access to certain records, documents, information, or items.

Existing law requires a fingerprint-based criminal history information check that is required pursuant to any statute to be requested from the Department of Justice. When a government agency or other entity requests such a criminal history check for purposes of employment, licensing, or certification, existing law requires the Department of Justice to disseminate specified information in response to the request, including information regarding convictions and arrests for which the applicant is presently awaiting trial.

The California Constitution provides that the University of California constitutes a public trust administered by the Regents of the University of California, a corporation in the form of a board, with full powers of organization and government, subject to legislative control only for specified purposes, including, among others, as may be necessary to ensure the security of its funds.

This bill would require the University of California to require background checks, to be completed by the Department of Justice as specified, during the final stages of the application process for prospective employees and volunteers who have or would have specified duties, including, among other duties, possession of building master keys for access to residences, offices, or other facilities, and those who would have direct responsibility for the care, safety, and security of people, including children, or property, including the personal property of others or property of the university. The bill would also require any services contract that is entered into, renewed, or amended on or after January 1, 2026, by the University of California to contain a provision requiring the contractor and specified individuals to provide fingerprint images and related information if they will have access to certain records, documents, information, or items.

SENATE COMMITTEE ON

Senator Anna Caballero, Chair

2025 - 2026 Regular Session

AB 922 (Hoover) - University of California: employees, volunteers, and contractors: background checks

Bill Summary:

This bill authorizes the University of California (UC) to require background checks, to be completed by the Department of Justice (DOJ), during the final stages of the recruitment process for a prospective staff employee, contractor, or volunteer. The bill also requires UC to submit to DOJ fingerprint images of a prospective staff employee, contractor, or volunteer, and related information required by the DOJ, for purposes of a state and federal level criminal history background check.

Fiscal Impact:

The UC indicates that the bill would not have a cost as it would allow UC to continue to perform federal background checks for critical positions (and only when there is an offer extended), which is current practice. The DOJ also indicates that the bill would not result in significant costs to the state.

Background:

Existing law requires the DOJ to maintain state summary criminal history information, which is defined as the master record of information compiled by the Attorney General pertaining to the identification and criminal history of a person, such as name, date of birth, physical description, fingerprints, photographs, dates of arrests, arresting agencies and booking numbers, charges, dispositions, sentencing information, and similar data about the person. The DOJ is required to disseminate specified information in response to a request from a government agency or other entity for a criminal history check for purposes of employment, licensing, or certification.

Existing law requests the UC Regents, as part of the hiring process for an applicant for an academic, athletic, or administrative position, to require an applicant to disclose any final administrative decision or final judicial decision issued within the last seven years determining that the applicant committed misconduct, including sexual harassment. It also requests the UC Regents, as part of the hiring process for an applicant applying for a position with UC, to do both of the following:

1. Require an applicant to sign a release form that authorizes, in the event the applicant reaches the final stages of the application process, the release of information by the applicant’s previous employers to the campus of the UC concerning any substantiated allegations of misconduct in order to permit the campus to evaluate the released information with respect to the criteria for a potential job placement.
   
2. If an applicant reaches the final stages of the application process for the intended position, require UC campuses to use the signed release form to engage in a reasonable attempt to obtain information from the previous employer concerning any substantiated allegations of misconduct.

Proposed Law:

This bill provides that the UC may require background checks, to be completed by DOJ, during the final stages of the recruitment process for a prospective staff employee, contractor, or volunteer. It requires the UC to submit to DOJ fingerprint images of a prospective staff employee, contractor, or volunteer, and related information required by DOJ, for purposes of a state and federal level criminal history background check in accordance with existing Penal Code requirements.

This bill requires the DOJ to provide a state or federal response, or both if applicable, to the UC pursuant to existing Penal Code requirements.

This bill provides that when the UC knows that the individual for whom the notification service is requested is no longer in a position for which it is permitted, it shall immediately notify the DOJ to terminate the notification. The DOJ shall terminate the notification for the individual upon receipt. This bill requires the UC to verify, not less than every six months, that each individual for whom the notification has not been terminated, is still in a position with the UC. If the UC receives subsequent arrest notification for an individual unknown to it, or for whom the UC terminated the service, it shall immediately inform the DOJ that the individual is unknown to it or that the UC terminated the notification requests for that individual.

This bill provides that it does not authorize hiring practices that are inconsistent with existing law, as specified.

Related Legislation: AB 956 (Alvarez, Chapter 94, Statutes of 2023) required the California State Auditor to collect fingerprints from prospective employees and contractors, as specified, and complete a background check with the DOJ.

Staff Comments:

The FBI collects and securely stores criminal history data, including fingerprints, from nearly 18,000 law enforcement agencies across the nation in the Criminal Justice Information System (CJIS). When a federal criminal background check is requested by an authorized user, fingerprint images are forwarded to the FBI and a fingerprint-based search of records in the national criminal history database is performed. If the applicant’s fingerprints match data in the national criminal history database, the FBI sends the DOJ criminal history information from any state or federal agencies that have reported the information to the FBI. However, in December 2022, the FBI notified the DOJ that the current state statutory authority for the FBI to process fingerprint-based background checks for state employees no longer qualified for CJIS access. Instead, applicant agencies wishing to restore access to the CJIS for the purpose of servicing state employee fingerprint-based background checks must enact new statutory authority that among other things, explicitly references a national criminal history check and includes an express or implied reference such as “submit to the FBI.”

This bill will allow the UC to maintain access to CJIS for the purpose of conducting background checks on its prospective employees and contractors. According to the author, “With the FBI notifying state entities that current statutory authority to perform fingerprint-base background checks for California employees is insufficient for access to the Criminal Justice Information System (CJIS), AB 922 will give the necessary authority to access the database. Without this statutory authority, University of California (UC) campuses, medical centers and other locations must access this information through third-party vendors, which can be costly and delay the hiring process. Access to the CJIS will allow the UC system to use valuable resources on other areas of need, instead of getting caught up in prolonged hiring processes. This access ensures the UC system has the necessary tools to thoroughly vet and hire the best candidates possible while maintaining the safety and well-being of the community.”

-- END --

SENATE COMMITTEE ON EDUCATION

Senator Sasha Renée Pérez, Chair

2025 - 2026 Regular

Bill No: Hearing Date: June 18, 2025

Subject: .

NOTE: This bill has been referred to the Committees on Education and Public Safety. A “do pass” motion should include referral to the Committee on Public Safety.

SUMMARY

This bill (1) authorizes the University of California (UC) to require background checks, to be completed by the Department of Justice (DOJ), during the final stages of the recruitment process for a prospective staff employee, contractor, or volunteer; and, (2) requires UC to submit to DOJ fingerprint images of a prospective staff employee, contractor, or volunteer, and related information required by the DOJ, for purposes of a state and federal level criminal history background check.

BACKGROUND

Existing law:

1. Requires DOJ to maintain state summary criminal history information, which is defined as the master record of information compiled by the Attorney General pertaining to the identification and criminal history of a person, such as name, date of birth, physical description, fingerprints, photographs, dates of arrests, arresting agencies and booking numbers, charges, dispositions, sentencing information, and similar data about the person. (Penal Code (PEN) § 11105)
   
2. Requires DOJ to disseminate specified information in response to a request from a government agency or other entity for a criminal history check for purposes of employment, licensing, or certification. (PEN § 11105)
   
3. Requests the UC Regents, as part of the hiring process for an applicant for an academic, athletic, or administrative position, to require an applicant to disclose any final administrative decision or final judicial decision issued within the last seven years determining that the applicant committed misconduct, including sexual harassment. (Education Code (EC) § 92612.1)
   
4. Requests the UC Regents, as part of the hiring process for an applicant applying for a position with UC, to do both of the following:
   
   1. Require an applicant to sign a release form that authorizes, in the event the applicant reaches the final stages of the application process, the release of information by the applicant’s previous employers to the campus of the UC concerning any substantiated allegations of misconduct in order to permit the campus to evaluate the released information with respect to the criteria for a potential job placement.
      
   2. If an applicant reaches the final stages of the application process for the intended position, require UC campuses to use the signed release form to engage in a reasonable attempt to obtain information from the previous employer concerning any substantiated allegations of misconduct. (EC § 92612.2)

ANALYSIS

This bill:

1. Authorizes UC to require background checks, to be completed by DOJ, during the final stages of the recruitment process for a prospective staff employee, contractor, or volunteer.
   
2. Requires UC to submit to DOJ fingerprint images of a prospective staff employee, contractor, or volunteer, that UC obtains pursuant to #1 above, and related information required by DOJ, for purposes of a state and federal level criminal history background check in accordance with existing Penal Code requirements (see Background above).
   
3. Requires DOJ to provide a state or federal response, or both if applicable, to UC pursuant to existing Penal Code requirements (see Background above).
   
4. Specifies that this bill does not authorize hiring practices that are inconsistent with existing law, which prohibits, before the employer makes a conditional offer of employment to the applicant, questions on any application for employment about, or consideration of, an applicant’s conviction history.
   
5. States legislative findings and declarations that:
   
   1. A criminal background check is required, for specified reasons, for positions that the UC has determined to be Critical Positions after the candidate has received a conditional offer of employment. The UC uses information received from criminal background checks only to determine eligibility for employment.
      
   2. This act does not change the UC’s existing background check policies and practices. The US DOJ approved its last extension of the grace period of the State Employee applicant type that the UC is qualified to use for criminal background checks, which will no longer be available after January 1, 2027. Therefore, to enable the UC to continue receiving criminal conviction history from the US DOJ, there must be express statutory authorization to do so.

STAFF COMMENTS

1. Need for the bill. According to the author, “With the FBI notifying state entities that current statutory authority to perform fingerprint-base background checks for California employees is insufficient for access to the Criminal Justice Information System (CJIS), AB 922 will give the necessary authority to access the database. Without this statutory authority, University of California (UC) campuses, medical centers and other locations must access this information through third-party vendors, which can be costly and delay the hiring process. Access to the CJIS will allow the UC system to use valuable resources on other areas of need, instead of getting caught up in prolonged hiring processes. This access ensures the UC system has the necessary tools to thoroughly vet and hire the best candidates possible while maintaining the safety and well-being of the community.”
   
2. Access to the federal Criminal Justice Information System (CJIS). As noted in the Senate Public Safety Committee’s analysis of prior legislation, the FBI collects and securely stores criminal history data, including fingerprints, from nearly 18,000 law enforcement agencies across the nation in the CJIS. When a federal criminal background check is requested by an authorized user, fingerprint images are forwarded to the FBI and a fingerprint-based search of records in the national criminal history database is performed. If the applicant’s fingerprints match data in the national criminal history database, the FBI sends the DOJ criminal history information from any state or federal agencies that have reported the information to the FBI.
   
   In December 2022, the FBI notified the DOJ that the current state statutory authority for the FBI to process fingerprint-based background checks for state employees no longer qualified for CJIS access. Instead, applicant agencies wishing to restore access to the CJIS for the purpose of servicing state employee fingerprint-based background checks must enact new statutory authority that:
   
   1. Explicitly references a national criminal history check.
      
   2. Includes an express or implied reference such as “submit to the FBI.”
      
   3. Authorizes the use of FBI records for screening of applicants.
      
   4. Identifies the specific categories of licensees and employees that fall within its purview to avoid being overly broad.

This bill will allow the UC to maintain access to CJIS for the purpose of conducting background checks on its prospective employees and contractors.

1. Existing UC Policy. UC’s policy, “PPSM-21 Selection and Appointment,” states in part:
   

• “It is the policy of the University to select and hire, in its judgment, the candidate who meets minimum required qualifications and may possess any preferred qualifications stated in the position description to best perform the duties and responsibilities of the position.
  
  “Selection criteria, including experience, education, knowledge and other qualifications, must be job-related and based on the position description. Selection criteria must be applied equally and consistently to all applicants. The University is generally prohibited, consistent with applicable law, from asking an applicant to disclose prior conviction information on the initial job application. The information will be requested once the applicant has been identified as the final candidate and has received a conditional offer of employment in a critical position.”
  
• “The University is committed to providing a safe and secure environment for its staff, faculty, students, and others in the University community; protecting its property and assets; and upholding the reputation and integrity of the University.
  
  “To support these efforts and to minimize the risk to the University, a background check is required after the candidate has received a conditional offer of employment in a critical position. Candidates hired into critical positions have sensitive administrative/programmatic/managerial duties and responsibilities that could potentially cause human, financial or property loss or other significant risk to the University. The Chancellor will designate certain positions as “critical” in accordance with Section V of this policy, except that all UC Health Medical Center and Student Health Center positions are considered critical. Generally, Senior Management Group (SMG) positions are designated as critical. An offer of employment, oral or written, must be contingent upon completion of a satisfactory pre-employment background check. The background check process should be initiated only after a conditional offer of employment has been extended to the candidate.”
  
• “Prior to making a conditional offer of employment, locations must not consider an applicant’s criminal history, including through questions in an employment application or internet searches. If an applicant voluntarily raises their criminal history prior to receiving a conditional offer, the University may not consider this or any other conviction history information until after making a conditional offer of employment, unless the position is with a criminal justice agency (as defined in Section 13101 of the Penal Code), if the position is as a Farm Labor Contractor (as described in Section 1685 of the Labor Code), or the position is one that the University or University’s agent is required by any state, federal, or local law to conduct criminal background checks for employment purposes or to restrict employment based on criminal history.”
  
• “The background check must only be used for evaluating the candidate for employment and cannot be used for discriminatory or retaliatory reasons as prohibited by state and federal law and University policies. This policy is applicable to external and internal candidates, including University employees under consideration for a promotion or when a University employee is subject to a background check due to a change in University policies or practices related to specific positions.”
  
• “The University conducts background checks that use different methods to obtain information about a candidate’s personal and employment data. At a minimum, a candidate who has received a conditional offer of employment into a critical position is required to undergo a criminal history background check as a condition of employment.” https://policy.ucop.edu/doc/4010394/PPSM-21

1. Prior legislation.
   
   AB 956 (Alvarez, Chapter 94, Statutes of 2023) required the California State Auditor to collect fingerprints from prospective employees and contractors, as specified, and complete a background check with the DOJ.

SUPPORT

University of California (Sponsor)

OPPOSITION

None received

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 922

Author:(Hoover)

As Amended Ver:May 19, 2025

Majority vote

SUMMARY

Expressly authorizes the University of California (UC) to require background checks, to be completed by the Department of Justice (DOJ) as specified, during the final stages of the recruitment process for prospective staff employees, contractors, and volunteers. Declares that the provisions would allow UC to continue current practices requiring criminal background checks for UC-determined Critical Positions, defined as staff positions that have sensitive administrative, programmatic, or managerial duties and responsibilities that could potentially cause human, financial or property loss or other significant risk to the UC.

Major Provisions

1. Expressly authorizes the UC to require background checks, to be completed by the Department of Justice (DOJ), as specified, during the final stages of the recruitment process for a prospective staff employee, contractor, or volunteer.
2. Requires the UC to submit to the DOJ fingerprint images of a prospective staff employee, contractor, or volunteer, that the UC obtains, and related information required by the DOJ, for purposes of a state and federal level criminal history background check, as specified.
3. Requires the DOJ to provide a state or federal response, or both if applicable, to the UC as specified.
4. Specifies that the provisions do not authorize hiring practices that are inconsistent with the requirements of existing law, as specified.
5. Finds and declares that:
   1. The California Constitution provides that the UC constitutes a public trust administered by the Regents of the UC, a corporation in the form of a board, with full powers of organization and government, subject to legislative control only for specified purposes, including, among others, as may be necessary to ensure the security of its funds.
   2. The UC is committed to providing a safe and secure environment for the university community; protecting its property and assets; and upholding the reputation and integrity of the UC.
   3. To support these efforts and to minimize the risk to the UC, a criminal background check is required for positions that the UC has determined to be Critical Positions after the candidate has received a conditional offer of employment. The UC uses information received from criminal background checks only to determine eligibility for employment.
   4. This act does not change the UC's existing background check policies and practices. The United States Department of Justice approved its last extension of the grace period of the State Employee applicant type that the UC is qualified to use for criminal background checks, which will no longer be available after January 1, 2027. Therefore, to enable the UC to continue receiving criminal conviction history from the United States Department of Justice, there must be express statutory authorization to do so.
   5. This act authorizes the UC to continue current practices requiring criminal background checks for UC-determined Critical Positions, as defined in its Personnel Policies for Staff Members, to be completed by the United States Department of Justice during the final stages of the recruitment process for prospective staff employees, contractors, and volunteers. The UC defines Critical Positions as staff positions that have sensitive administrative, programmatic, or managerial duties and responsibilities that could potentially cause human, financial or property loss or other significant risk to the UC.

COMMENTS

Background. The Federal Bureau of Investigation (FBI) collects and securely stores criminal history data, including fingerprints, from nearly 18,000 law enforcement agencies across the nation in the Criminal Justice Information System (CJIS). When a federal criminal background check is requested by an authorized user, fingerprint images are forwarded to the FBI and a fingerprint-based search of records in the national criminal history database is performed. If the applicant's fingerprints match data in the national criminal history database, the FBI sends the DOJ criminal history information from any state or federal agencies that have reported the information to the FBI.

In December 2022, the FBI notified the California Department of Justice that the current state statutory authority for the FBI process fingerprint-based background checks for state employees no longer qualified for CJIS access. Instead, applicant agencies wishing to restore access to the

CJIS for the purpose of servicing state employee fingerprint-based background checks must enact new statutory authority that:

1. Explicitly references a national criminal history check
2. Includes an express or implied reference such as "submit to the FBI."
3. Authorizes the use of FBI records for screening of applicants.
4. Identifies the specific categories of licensees and employees that fall within its purview to avoid being overly broad.

This bill will allow the UC to maintain access CJIS for the purpose of conducting background checks on its prospective employees and contractors.

Background checks for postsecondary education institutions. Each of the CCC, CSU, and the UC conduct background checks for potential applicants for academic and administrative positions. Based on the Fair Chance Act of 2018, postsecondary education institutions do not conduct the background check until after a condition of employment is provided and the check is limited to crime committed in the last seven years that are related to the duties of the intended job. For example, the CCC conducts a U.S. Department of Justice background check for academic instructional staff as CCC districts are not permitted to hire someone with convicted sex offenses or controlled substance offenses according to Education Code Section 87405 subdivision (a). The background check is provided to the applicant who is then given the opportunity to explain the findings to the hiring board.

Existing UC Policy: The UC's current policy on hiring, "PPSM-21 Selection and Appointment," published in October of 2023, stipulates that it is the policy of the UC to select and hire, in its judgment, the candidate who possesses the skills, knowledge, and abilities to best perform the duties and responsibilities of the position. It also affirms that UC is generally prohibited, consistent with existing law, from asking an applicant to disclose prior conviction information on the initial job application. The information will be requested once the applicant has been identified as the recommended candidate and has received a conditional offer of employment in a critical position.

The policy also stipulates that a background check is required after the candidate has received a conditional offer of employment in a critical position. According to the policy, candidates hired into critical positions have sensitive administrative/programmatic/managerial duties and responsibilities that could potentially cause human, financial or property loss or other significant risk to the UC. The Chancellor will designate certain positions as "critical" in accordance with the policy, however all UC Health Medical Center and Student Health Center positions are considered critical. Generally, Senior Management Group (SMG) positions are designated as critical.

An offer of employment, oral or written, must be contingent upon completion of a satisfactory pre-employment background check. The policy specifies that the background check process should be initiated only after a conditional offer of employment has been extended to the candidate, the background check must only be used for evaluating the candidate for employment and cannot be used for discriminatory or retaliatory reasons as prohibited by state and federal law and UC policies. This policy is applicable to external and internal candidates, including UC employees under consideration for a promotion or when a UC employee is subject to a background check due to a change in University policies or practices related to specific positions.

According to the Author

According to the author, "The [UC] needs to maintain access to the FBI's [CJIS] for fingerprint-based background checks during the hiring process of critical University positions. Without this access to FBI criminal background check data, UC campuses, medical centers and other locations will continue to spend excessive time, and resources to access federal criminal conviction history results through third-party vendors, creating additional costs, significant hiring delays, and increased exposure for potential liabilities."

Arguments in Support

The UC Office of the President wrote in support of this bill, noting that, "UC policy requires a background check for critical positions. The UC obtains fingerprint images and related information from a prospective employee who has accepted a conditional offer of employment in a critical position to conduct a background check. Candidates considered for critical positions have sensitive administrative, programmatic, and/or managerial duties and responsibilities that could potentially cause human, financial or property loss, or other significant risk. Not having access to DOJ and FBI criminal conviction history has resulted in locations spending excessive time and resources to access federal criminal conviction history through third-party vendors, which has created additional financial costs, significant hiring delays, and increased exposure for potential liabilities."

"This bill is necessary to ensure the UC has access to DOJ and FBI federal criminal conviction history so that it can conduct timely background checks for critical positions. This will allow the UC to continue to provide a safe and secure environment for its employees, students, and others in the University community, protect its property and assets, and uphold the reputation and integrity of the University."

Arguments in Opposition

The American Civil Liberties Union California Action wrote in opposition, stating that "The California Supreme Court has stated that the Constitution requires that state employment requirements be 'directly related' to an individual's fitness to perform the job duties required by the position. Specifically, the Fourteenth Amendment of the Constitution requires that the state employment requirements must be "directly related" to the individual's capacity and fitness to perform the duties which the individual is required to perform. (Morrison v. State Board of Education, (1969) 1 Cal.3d 214; Schware v. Board of Bar Examiners (1957) 353 U.S. 232; Hallinan v. Committee of Bar Examiners of the State Bar (1966) 54 Cal.2d 447.). To determine an individual's fitness for a job many factors must be considered and evaluated, including the severity of the underlying offense, the length of time since the conviction occurred, and evidence of rehabilitation. While UC Policy PPSM-21 requires a determination that a person's conviction history have a "direct and adverse relationship" to specific job duties to be considered, no equivalent provision appears in AB 992. If the bill passes, the UC's policy will be replaced with AB 992's overbroad, unconstitutional scheme."

FISCAL COMMENTS

According to the Assembly Committee on Appropriations, there are no costs to the UC. The bill, as amended, has not been analyzed for fiscal implications.

VOTES

ASM HIGHER EDUCATION: 10-0-0

YES: Fong, DeMaio, Boerner, Jeff Gonzalez, Jackson, Muratsuchi, Patel, Celeste Rodriguez, Sharp-Collins, Tangipa

ASM PUBLIC SAFETY: 9-0-0

YES: Schultz, Alanis, Mark González, Bonta, Harabedian, Lackey, Nguyen, Ramos, Sharp- Collins

ASM APPROPRIATIONS: 15-0-0

YES: Wicks, Sanchez, Arambula, Calderon, Caloza, Dixon, Elhawary, Fong, Mark González, Hart, Pacheco, Pellerin, Solache, Ta, Tangipa

UPDATED

VERSION: May 19, 2025

CONSULTANT: Kevin J. Powers / HIGHER ED. / (916) 319-3960 FN: 0000461

ASSEMBLY THIRD READING

ATR Bill Id:AB 922

Author:(Hoover)

As Amended Ver:May 1, 2025

Majority vote

SUMMARY

Specifies that the University of California (UC) must require background checks, to be completed by the Department of Justice (DOJ) as specified, during the final stages of the application process for prospective employees and volunteers who have, or would have specified duties, including, possession of building master keys for access to residences, offices, or other facilities, and those who would have direct responsibility for the care, safety, and security of people, including children, or property, including the personal property of others or property of the UC.

Major Provisions

1. Specifies that the UC will require background checks, to be completed by the Department of Justice (DOJ), as specified, during the final stages of the application process for a prospective employee or volunteer whose duties include or would include any of the following:
   1. Possession of building master keys for access to residences, offices, or other facilities;
   2. Direct responsibility for the care, safety, or security of people, including minors, or property, including personal property or property of the UC;
   3. Direct access to or responsibility for controlled substances;
   4. Direct access to or responsibility for protected personal information or other restricted or sensitive institutional information, including information affecting national security;
   5. Responsibility for operating commercial vehicles, machinery, or toxic systems that could result in accidental death, injury, or health problems;
   6. The requirement to possess a professional license, certificate, or degree;
   7. Direct access to or responsibility for cash, cash equivalents, checks, credit or debit cards, disbursements, or receipts;
   8. Authority for committing the financial resources of the UC through contracts or agreements;
   9. Direct access to confidential or proprietary information, including a formula, pattern, compilation, program, device, method, technique, process, or trade secret;
   10. Responsibilities at any UC medical center, student health center, or other medical facility; and,
   11. Management of personnel with any of the duties described in (a) to (j) above.
2. Specifies that any services contract that is entered into, renewed, or amended on or after January 1, 2026, by the UC must include a provision requiring the contractor to permit the UC to require background checks, to be completed by the DOJ, as specified, for the contractor's employees and subcontractors, whose duties include or would include access to the records, documents, information, or items described in 1) above pursuant to the contract, in order for the UC to request criminal background checks on those individuals.
3. Requires the UC to submit to the DOJ fingerprint images of a prospective employee or volunteer, that the UC obtains, and related information required by the DOJ, for purposes of a state and federal level criminal history background check, as specified.
4. Requires the DOJ to provide a state or federal response, or both if applicable, to the UC as specified.
5. Authorizes the UC to investigate the criminal history of any prospective employee or volunteer to make a final determination as to their fitness to perform duties that would include access to any records, documents, information, or items, as specified.
6. Specifies that the provisions do not authorize hiring practices that are inconsistent with the requirements of existing law, as specified.

COMMENTS

Background. The FBI collects and securely stores criminal history data, including fingerprints, from nearly 18,000 law enforcement agencies across the nation in the CJIS. When a federal criminal background check is requested by an authorized user, fingerprint images are forwarded to the FBI and a fingerprint-based search of records in the national criminal history database is performed. If the applicant's fingerprints match data in the national criminal history database, the FBI sends the DOJ criminal history information from any state or federal agencies that have reported the information to the FBI.

In December 2022, the FBI notified the California Department of Justice that the current state statutory authority for the FBI process fingerprint-based background checks for state employees no longer qualified for CJIS access. Instead, applicant agencies wishing to restore access to the

CJIS for the purpose of servicing state employee fingerprint-based background checks must enact new statutory authority that:

1. Explicitly references a national criminal history check.
2. Includes an express or implied reference such as "submit to the FBI."
3. Authorizes the use of FBI records for screening of applicants.
4. Identifies the specific categories of licensees and employees that fall within its purview to avoid being overly broad.

This bill will allow the UC to maintain access CJIS for the purpose of conducting background checks on its prospective employees and contractors.

Background checks for postsecondary education institutions. Each of the CCC, CSU, and the UC conduct background checks for potential applicants for academic and administrative positions. Based on the Fair Chance Act of 2018, postsecondary education institutions do not conduct the background check until after a condition of employment is provided and the check is limited to crime committed in the last seven years that are related to the duties of the intended job. For example, the CCC conducts a U.S. Department of Justice background check for academic instructional staff as CCC districts are not permitted to hire someone with convicted sex offenses or controlled substance offenses according to Education Code Section 87405 subdivision (a). The background check is provided to the applicant who is then given the opportunity to explain the findings to the hiring board.

Existing UC Policy: The UC's current policy on hiring, "PPSM-21 Selection and Appointment," published in October of 2023, stipulates that it is the policy of the UC to select and hire, in its judgment, the candidate who possesses the skills, knowledge, and abilities to best perform the duties and responsibilities of the position. It also affirms that UC is generally prohibited, consistent with existing law, from asking an applicant to disclose prior conviction information on the initial job application. The information will be requested once the applicant has been identified as the recommended candidate and has received a conditional offer of employment in a critical position.

The policy also stipulates that a background check is required after the candidate has received a conditional offer of employment in a critical position. According to the policy, candidates hired into critical positions have sensitive administrative/programmatic/managerial duties and responsibilities that could potentially cause human, financial or property loss or other significant risk to the UC. The Chancellor will designate certain positions as "critical" in accordance with the policy, however all UC Health Medical Center and Student Health Center positions are considered critical. Generally, Senior Management Group (SMG) positions are designated as critical.

An offer of employment, oral or written, must be contingent upon completion of a satisfactory pre-employment background check. The policy specifies that the background check process should be initiated only after a conditional offer of employment has been extended to the candidate, The background check must only be used for evaluating the candidate for employment and cannot be used for discriminatory or retaliatory reasons as prohibited by state and federal law and UC policies. This policy is applicable to external and internal candidates, including UC employees under consideration for a promotion or when a UC employee is subject to a background check due to a change in University policies or practices related to specific positions.

According to the Author

According to the author, "The [UC] needs to maintain access to the FBI's [CJIS] for fingerprint-based background checks during the hiring process of critical University positions. Without this access to FBI criminal background check data, UC campuses, medical centers and other locations will continue to spend excessive time, and resources to access federal criminal conviction history results through third-party vendors, creating additional costs, significant hiring delays, and increased exposure for potential liabilities."

Arguments in Support

The UC Office of the President wrote in support of this bill, noting that, "UC policy requires a background check for critical positions. The UC obtains fingerprint images and related information from a prospective employee who has accepted a conditional offer of employment in a critical position to conduct a background check. Candidates considered for critical positions have sensitive administrative, programmatic, and/or managerial duties and responsibilities that could potentially cause human, financial or property loss, or other significant risk. Not having access to DOJ and FBI criminal conviction history has resulted in locations spending excessive time and resources to access federal criminal conviction history through third-party vendors, which has created additional financial costs, significant hiring delays, and increased exposure for potential liabilities."

"This bill is necessary to ensure the UC has access to DOJ and FBI federal criminal conviction history so that it can conduct timely background checks for critical positions. This will allow the UC to continue to provide a safe and secure environment for its employees, students, and others in the University community, protect its property and assets, and uphold the reputation and integrity of the University."

Arguments in Opposition

The American Civil Liberties Union California Action wrote in opposition, stating that "The California Supreme Court has stated that the Constitution requires that state employment requirements be 'directly related' to an individual's fitness to perform the job duties required by the position. Specifically, the Fourteenth Amendment of the Constitution requires that the state employment requirements must be "directly related" to the individual's capacity and fitness to perform the duties which the individual is required to perform. (Morrison v. State Board of Education, (1969) 1 Cal.3d 214; Schware v. Board of Bar Examiners (1957) 353 U.S. 232; Hallinan v. Committee of Bar Examiners of the State Bar (1966) 54 Cal.2d 447.). To determine an individual's fitness for a job many factors must be considered and evaluated, including the severity of the underlying offense, the length of time since the conviction occurred, and evidence of rehabilitation. While UC Policy PPSM-21 requires a determination that a person's conviction history have a "direct and adverse relationship" to specific job duties to be considered, no equivalent provision appears in AB 992. If the bill passes, the UC's policy will be replaced with AB 992's overbroad, unconstitutional scheme."

FISCAL COMMENTS

According to the Assembly Committee on Appropriations:

No costs to the UC.

VOTES

ASM HIGHER EDUCATION: 10-0-0

YES: Fong, DeMaio, Boerner, Jeff Gonzalez, Jackson, Muratsuchi, Patel, Celeste Rodriguez, Sharp-Collins, Tangipa

ASM PUBLIC SAFETY: 9-0-0

YES: Schultz, Alanis, Mark González, Bonta, Harabedian, Lackey, Nguyen, Ramos, Sharp‑Collins

ASM APPROPRIATIONS: 15-0-0

YES: Wicks, Sanchez, Arambula, Calderon, Caloza, Dixon, Elhawary, Fong, Mark González, Hart, Pacheco, Pellerin, Solache, Ta, Tangipa

UPDATED

VERSION: May 1, 2025

CONSULTANT: Kevin J. Powers / HIGHER ED. / (916) 319-3960 FN: 0000416

Date of Hearing: May 14, 2025

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 922

Author:(Hoover) – As Amended Ver:May 1, 2025

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires the University of California (UC) to require background checks, completed by the Department of Justice (DOJ), during the final stages of an employee (including contracted employees) or volunteer’s application process if their duties include specified activities such as the direct responsibility for the care, safety, or security of people or property and allows the UC to investigate the criminal history of any prospective employee or volunteer.

FISCAL EFFECT:

No costs to the UC.

COMMENTS:

The FBI collects and securely stores criminal history data, including fingerprints, from nearly 18,000 law enforcement agencies across the nation in the Criminal Justice Information System (CJIS). When an authorized user requests a federal criminal background check, the FBI performs a fingerprint-based search of records in the national criminal history database. If the applicant’s fingerprints match data in the national criminal history database, the FBI sends the DOJ criminal history information from any state or federal agencies that have reported the information to the FBI. Both the California Community College (CCC) and UC systems maintain policies which require background checks after providing a conditional employment offer for prospective employees in certain positions.

In December 2022, the FBI notified the California Department of Justice that the current state statutory authority for the FBI fingerprint-based background check process for state employees no longer qualified for CJIS access. Instead, applicant agencies wishing to restore access to the CJIS for the purpose of servicing state employee fingerprint-based background checks must enact new statutory authority meeting specified criteria.

According to the UC Office of the President:

Not having access to DOJ and FBI criminal conviction history has resulted in locations spending excessive time and resources to access federal criminal conviction history through third-party vendors, which has created additional financial costs, significant hiring delays, and increased exposure for potential liabilities.

This bill allows the UC to maintain access to the CJIS for the purpose of conducting background checks for prospective employees and contractors.

Analysis Prepared by: Aaron Heredia / APPR. / (916) 319-2081

Date of Hearing:

Deputy Chief Counsel: Stella Choe

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Nick Schultz, Chair

ABPCA Bill Id:AB 922

Author:(Hoover) – As Introduced Ver:February 19, 2025

As Proposed to be Amended in Committee

SUMMARY:

Requires the University of California (UC) to require background checks, to be completed by the Department of Justice (DOJ) as specified, during the final stages of the application process for prospective employees and volunteers who have or would have specified duties. Specifically, this bill:

1. States that the UC shall require background checks, to be completed by DOJ during the final stages of the application process for a prospective employee or volunteer whose duties include or would include any of the following:
   1. Possession of building master keys for access to residences, offices, or other facilities;
   2. Direct responsibility for the care, safety, or security of people, including minors, or property, including personal property or property of the UC;
   3. Direct access to or responsibility for controlled substances;
   4. Direct access to or responsibility for protected personal information or other restricted or sensitive institutional information, including information affecting national security;
   5. Responsibility for operating commercial vehicles, machinery, or toxic systems that could result in accidental death, injury, or health problems;
   6. The requirement to possess a professional license, certificate, or degree;
   7. Direct access to or responsibility for cash, cash equivalents, checks, credit or debit cards, disbursements, or receipts;
   8. Authority for committing the financial resources of the UC through contracts or agreements;
   9. Direct access to confidential or proprietary information, including a formula, pattern, compilation, program, device, method, technique, process, or trade secret;
   10. Responsibilities at any UC medical center, student health center, or other medical facility; or,
   11. Management of personnel with any of the duties described in the above paragraphs.
2. Requires any services contract that is entered into, renewed, or amended on or after January 1, 2026, by the UC to include a provision requiring the contractor to permit the UC to require background checks, to be completed by DOJ, for the contractor’s employees and subcontractors, whose duties include or would include access to the records, documents, information, or items described in the paragraphs above pursuant to the contract.
3. Provides that the UC shall submit to DOJ fingerprint images of a prospective employee or volunteer, that the UC obtains for this purpose, and related information required by DOJ, for purposes of a state and federal level criminal history background in accordance with existing DOJ procedures.
4. Requires DOJ to provide a state or federal response, or both if applicable, to the UC with specified convictions, arrests for which the applicant is awaiting trial, sex offender registration status, and sentencing information.
5. States that the UC may investigate the criminal history of any prospective employee or volunteer to make a final determination as to their fitness to perform duties that would include access to any records, documents, information, or items specified in the above paragraphs regarding job duties.
6. Requires the provisions of this bill to comply with hiring practices in Government Code section 12952.

EXISTING LAW:

1. Federal law authorizes the Federal Bureau of Investigation (FBI) to collect national criminal history information for centralization in the Criminal Justice Information System (CJIS), and to disseminate this information to state agencies for employment purposes. (Pub. L. No. 92-544.)
2. Establishes the UC as a public trust to be administered by the Regents and grants the Regents full powers of organization and governance subject only to legislative control as necessary to ensure the security of funds, compliance with terms of its endowments, and the statutory requirements around competitive bidding and contracts, sales of property, and the purchase of materials, goods, and services. (Cal. Const., art. I, § 9, subd. (a).).
3. Requires DOJ to maintain state summary criminal history information, as defined, and to furnish this information to various state and local government officers, officials, and other prescribed entities, if needed in the course of their duties. (Pen. Code, §11105, subds. (a)-(b).)
4. Defines “state summary criminal history information” to mean the master record of information compiled by the Attorney General pertaining to the identification and criminal history of a person, such as name, date of birth, physical description, fingerprints, photographs, dates of arrests, arresting agencies and booking numbers, charges, dispositions, sentencing information, and similar data about the person. (Pen. Code, §11105, subds. (a)(2)(A).)
5. Specifies that a fingerprint-based criminal history information check that is required pursuant to any statute to be requested from the DOJ. When a government agency or other entity requests such a criminal history check for purposes of employment, licensing, or certification, existing law requires the DOJ to disseminate specified information in response to the request, including information regarding convictions and arrests for which the applicant is presently awaiting trial. (Pen. Code, § 11105, subd. (u).)
6. Prohibits employers with five or more employees from asking a job candidate about conviction history before making a job offer and requires an employer who intends to deny an applicant a position of employment solely or in part because of the applicant’s conviction history to make an individualized assessment of whether the applicant’s conviction history has a direct and adverse relationship with the specific duties of the job, and to consider certain topics when making that assessment, as described. (Gov. Code, § 12952.)

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, "With the FBI notifying state entities that current statutory authority to perform fingerprint-base background checks for California employees is insufficient for access to the Criminal Justice Information System (CJIS), AB 922 will give the necessary authority to access the database. Without this statutory authority, University of California (UC) campuses, medical centers and other locations must access this information through third-party vendors, which can be costly and delay the hiring process. Access to the CJIS will allow the UC system to use valuable resources on other areas of need, instead of getting caught up in prolonged hiring processes. This access ensures the UC system has the necessary tools to thoroughly vet and hire the best candidates possible while maintaining the safety and well-being of the community.”
   
2. Background: The FBI collects and securely stores criminal history data, including fingerprints, from nearly 18,000 law enforcement agencies across the nation in the CJIS. When a federal criminal background check is requested by an authorized user, fingerprint images are forwarded to the FBI and a fingerprint-based search of records in the national criminal history database is performed. If the applicant’s fingerprints match data in the national criminal history database, the FBI sends the DOJ criminal history information from any state or federal agencies that have reported the information to the FBI.

In December 2022, the FBI notified the California Department of Justice that the current state statutory authority for the FBI process fingerprint-based background checks for state employees no longer qualified for CJIS access. Instead, applicant agencies wishing to restore access to the CJIS for the purpose of servicing state employee fingerprint-based background checks must enact new statutory authority that:

• 1. Explicitly references a national criminal history check.
  2. Includes an express or implied reference such as “submit to the FBI.”
  3. Authorizes the use of FBI records for screening of applicants.
  4. Identifies the specific categories of licensees and employees that fall within its purview to avoid being overly broad.

This bill will allow the UC to maintain access CJIS for the purpose of conducting background checks on its prospective employees and contractors.

The UC’s current policy on hiring, “PPSM-21 Selection and Appointment,” published in October of 2023, stipulates that it is the policy of the UC to select and hire, in its judgment, the candidate who possesses the skills, knowledge, and abilities to best perform the duties and responsibilities of the position. It also affirms that UC is generally prohibited, consistent with existing law, from asking an applicant to disclose prior conviction information on the initial job application. The information will be requested once the applicant has been identified as the recommended candidate and has received a conditional offer of employment in a critical position.

The policy also stipulates that a background check is required after the candidate has received a conditional offer of employment in a critical position. According to the policy, candidates hired into critical positions have sensitive administrative/programmatic/managerial duties and responsibilities that could potentially cause human, financial or property loss or other significant risk to the UC. The Chancellor will designate certain positions as “critical” in accordance with the policy, however all UC Health Medical Center and Student Health Center positions are considered critical. Generally, Senior Management Group (SMG) positions are designated as critical.

An offer of employment, oral or written, must be contingent upon completion of a satisfactory pre-employment background check. The policy specifies that the background check process should be initiated only after a conditional offer of employment has been extended to the candidate. The background check must only be used for evaluating the candidate for employment and cannot be used for discriminatory or retaliatory reasons as prohibited by state and federal law and UC policies. This policy is applicable to external and internal candidates, including UC employees under consideration for a promotion or when a UC employee is subject to a background check due to a change in University policies or practices related to specific positions.

This bill specifies that the UC may investigate the criminal history of any prospective employee or volunteer to make a final determination as to their fitness to perform duties that would include access to any records, documents, information, or items specified.

1. Summary Criminal History Information: State summary criminal history information is the master record of information compiled by DOJ pertaining to the identification and criminal history of any person. This information includes name, date of birth, physical description, fingerprints, photographs, arrests, dispositions and similar data. (Pen. Code, § 11105, subd. (a).) Access to person’s summary criminal history information is generally prohibited and only allowed to be disseminated if specifically authorized in statute. “The state constitutional right of privacy extends to protect defendants from unauthorized disclosure of criminal history records. [Citation.] These records are compiled without the consent of the subjects and disseminated without their knowledge. Therefore, custodians of the records, have a duty to ‘resist attempts at unauthorized disclosure and the person who is the subject of the record is entitled to expect that his right will be thus asserted.’” (Westbrook v. County of Los Angeles (1994) 27 Cal.App.4th 157, 165-66.)

DOJ is tasked with maintaining state summary criminal history information and requires the Attorney General to furnish state summary criminal history information only to statutorily authorized entities or individuals for employment, licensing, volunteering etc. (Pen. Code, § 11105.) In addition to the specified entities authorized to receive state summary criminal history information, DOJ may furnish state summary criminal history information to other specified employers upon a showing of compelling need for the information and to any person or entity when they are required by statute to conduct a criminal to comply with requirements or exclusions expressly based upon specified criminal conduct. (Pen. Code, § 11105, subds. (a)(13) & (c).)

Existing law provides that any fingerprint-based criminal history check required pursuant to any statute shall be requested by DOJ. The agency or entity authorized to received criminal history information shall submit to DOJ fingerprint images and any related information required by DOJ for the purpose of obtaining information as to the existence and content of a record or state or federal arrests, as specified. (Pen. Code, § 11105, subd. (u)(1).) If requested, DOJ shall transmit fingerprint images and related information received pursuant to this section to the Federal Bureau of Investigation (FBI) for the purpose of obtaining a federal criminal history information check. DOJ shall review the information returned from the FBI, and compile and disseminate a response or a fitness determination, as appropriate, to the agency or entity identified that requested the information. (Pen. Code, § 11105, subd. (u)(2).)

This bill requires the UC to submit to DOJ fingerprint images of a prospective employee or volunteer in the final stages of the application process for individuals with specified duties or access to records or property, and related information required by DOJ, for purposes of a state and federal level criminal history background check in accordance with existing procedures. This bill states that DOJ is required to provide a state or federal response, or both if applicable, to the UC with specified convictions, arrests for which the applicant is awaiting trial, sex offender registration status, and sentencing information.

This bill also requires that any services contract that is entered into, renewed, or amended on or after January 1, 2026, by the UC shall include a provision requiring the contractor to permit the UC to require background checks, to be completed by DOJ, for the contractor’s employees and subcontractors, whose duties include or would include access to the records, documents, information, or items described pursuant to the contract, in order for the UC to request criminal background checks on those individuals.

1. Protections for Job Applicants with Criminal Histories: About one in five Californians has a criminal record of some kind. Having such a record can be a significant barrier to getting a job, making it harder for these Californians to move forward with their lives. In 2017, California mandated new hiring procedures intended to ensure that job applicants with criminal records get a fair chance by: (1) requiring most employers to make conditional job offers before initiating background checks; (2) limiting the types of criminal history employers can consider; (3) obligating employers to identify a nexus between the criminal history and the job duties before rescinding an offer; and (4) giving applicants an opportunity to present mitigating information. (See Gov. Code, § 12952.)

According to opponents of this bill, there are no requirements in this bill to follow the requirements of Government Code section 12952 which provides for specified protections for job applicant with a criminal history. The law provides for specified notice and an opportunity to respond when an employer is considering rejection of a job applicant based on criminal history information.

The proposed amendments to this bill would cross-reference that existing section to ensure that job applicants are protected under the processes in existing law.

1. Argument in Support: According to the University of California, the sponsor of this bill, “UC policy requires a background check for critical positions. The UC obtains fingerprint images and related information from a prospective employee who has accepted a conditional offer of employment in a critical position to conduct a background check. Candidates considered for critical positions have sensitive administrative, programmatic, and/or managerial duties and responsibilities that could potentially cause human, financial or property loss, or other significant risk. Not having access to DOJ and FBI criminal conviction history has resulted in locations spending excessive time and resources to access federal criminal conviction history through third-party vendors, which has created additional financial costs, significant hiring delays, and increased exposure for potential liabilities.

“This bill is necessary to ensure the UC has access to DOJ and FBI federal criminal conviction history so that it can conduct timely background checks for critical positions. This will allow the UC to continue to provide a safe and secure environment for its employees, students, and others in the University community, protect its property and assets, and uphold the reputation and integrity of the University.”

1. Argument in Opposition: According to the National Employment Law Project, “Nearly one in three adults has an arrest or conviction record that can appear on an employment background check report. Workers with records need and deserve reliable access to income through employment. They deserve safe, good-paying, stable jobs. But a huge proportion of the millions of people with records are denied work because of employer bias. Even well-intentioned employers often respond unfairly to the stigma of a record.

“For a variety of reasons, ranging from over-policing and racial profiling to racist charging and sentencing decisions, the people impacted by mass criminalization are disproportionately Black, Latinx, and Indigenous. In California state prisons, Black people are incarcerated at over nine times the rate of white people. Nationwide, nearly one-third of adult Black men have a felony record, as compared with 8 percent of the overall adult population. These race disparities cannot be attributed to significantly different rates of law violations.

. . . .

“AB 922 must be amended to expressly require compliance with the requirements of the California Fair Chance Act.

“The current draft of AB 922 states that DOJ background checks would be completed “during the final stages of the application process.” However, that terminology is vague and undefined, limited only by the UC’s internal human resources policy. The text of AB 922 should be amended to require that the UC not conduct background checks until after a conditional offer of employment, consistent with the Fair Chance Act.

“The bill should further require the UC to follow other important process requirements of the Fair Chance Act. The requirement for notice and an opportunity to respond, for example, would ensure that job applicants are able to challenge rejections based on inaccurate background check reports. FBI background check reports are frequently inaccurate; dismissed charges, for example, are often reported as currently pending.

“Cross-referencing the requirements of the Fair Chance Act in AB 922 would also allow applicants to challenge unfair disqualifications based on conviction records that are unrelated to the position they seek. Even when a job involves sensitive duties, most convictions do not bear on an individual’s suitability for the position. The Fair Chance Act requires employers to conduct an individualized assessment of whether an individual’s conviction history has a direct and adverse relationship with the duties of the position.”

1. Related Legislation: AB 354 (Rodriguez) would require Commission on Peace Officers Standards and Training (POST) employees whose job duties require access to criminal offender record information, state summary criminal history information, or information obtained from CLETS to undergo a fingerprint-based state and national criminal history background check, as specified. AB 354 is pending a hearing in Assembly Appropriations Committee.
   
2. Prior Legislation: AB 94 (Alvarez), Chapter 94, Statutes of 2023, required the California State Auditor (CSA) to collect fingerprints from prospective employees and contractors, as specified, and complete a background check with the DOJ.
   

REGISTERED SUPPORT / OPPOSITION:

Support

University of California (sponsor)

Opposition

ACLU California Action

Californians for Safety and Justice

Legal Aid at Work

Legal Services for Prisoners with Children

National Employment Law Project

San Francisco Public Defender

Analysis Prepared by:

Stella Choe / PUB. S. / (916) 319-3744

Date of Hearing: April 8, 2025

ASSEMBLY COMMITTEE ON HIGHER EDUCATION

Mike Fong, Chair

ABPCA Bill Id:AB 922 (

Author:Hoover) – As Introduced Ver:February 19, 2025

[Note: This bill is double-referred to the Assembly Committee on Public Safety and will be heard by that Committee as it relates to issues under its jurisdiction.]

SUBJECT: University of California: employees, volunteers, and contractors: background checks

SUMMARY: Specifies that the University of California (UC) must require background checks, to be completed by the Department of Justice (DOJ) as specified, during the final stages of the application process for prospective employees and volunteers who have, or would hav,e specified duties, including, possession of building master keys for access to residences, offices, or other facilities, and those who would have direct responsibility for the care, safety, and security of people, including children, or property, including the personal property of others or property of the UC. Specifically, this bill:

1. Specifies that the UC will require background checks, to be completed by the Department of Justice (DOJ), as specified, during the final stages of the application process for a prospective employee or volunteer whose duties include or would include any of the following:
   1. Possession of building master keys for access to residences, offices, or other facilities;
   2. Direct responsibility for the care, safety, or security of people, including minors, or property, including personal property or property of the UC;
   3. Direct access to or responsibility for controlled substances;
   4. Direct access to or responsibility for protected personal information or other restricted or sensitive institutional information, including information affecting national security;
   5. Responsibility for operating commercial vehicles, machinery, or toxic systems that could result in accidental death, injury, or health problems;
   6. The requirement to possess a professional license, certificate, or degree;
   7. Direct access to or responsibility for cash, cash equivalents, checks, credit or debit cards, disbursements, or receipts;
   8. Authority for committing the financial resources of the UC through contracts or agreements;
   9. Direct access to confidential or proprietary information, including a formula, pattern, compilation, program, device, method, technique, process, or trade secret;
   10. Responsibilities at any UC medical center, student health center, or other medical facility; and,
   11. Management of personnel with any of the duties described in (a) to (j) above.
2. Specifies that any services contract that is entered into, renewed, or amended on or after January 1, 2026, by the UC must include a provision requiring the contractor to permit the UC to require background checks, to be completed by the DOJ, as specified, for the contractor’s employees and subcontractors, whose duties include or would include access to the records, documents, information, or items described in 1) above pursuant to the contract, in order for the UC to request criminal background checks on those individuals.
3. Requires the UC to submit to the DOJ fingerprint images of a prospective employee or volunteer, that the UC obtains, and related information required by the DOJ, for purposes of a state and federal level criminal history background check, as specified.
4. Requires the DOJ to provide a state or federal response, or both if applicable, to the UC as specified.
5. Authorizes the UC to investigate the criminal history of any prospective employee or volunteer to make a final determination as to their fitness to perform duties that would include access to any records, documents, information, or items, as specified.

EXISTING LAW:

1. Federal law authorizes the Federal Bureau of Investigation (FBI) to collect national criminal history information for centralization in the Criminal Justice Information System (CJIS), and to disseminate this information to state agencies for employment purposes (Public Law Sections 92-544).
2. Establishes the UC as a public trust to be administered by the Regents and grants the Regents full powers of organization and governance subject only to legislative control as necessary to ensure the security of funds, compliance with terms of its endowments, and the statutory requirements around competitive bidding and contracts, sales of property, and the purchase of materials, goods, and services (Article IX, Section (9) (a) of the California Constitution).
3. Specifies that a fingerprint-based criminal history information check that is required pursuant to any statute to be requested from the DOJ. When a government agency or other entity requests such a criminal history check for purposes of employment, licensing, or certification, existing law requires the DOJ to disseminate specified information in response to the request, including information regarding convictions and arrests for which the applicant is presently awaiting trial. (Penal Code Section 11105 (u))

FISCAL EFFECT: Unknown.

COMMENTS: Purpose. According to the author, “The [UC] needs to maintain access to the FBI’s [CJIS] for fingerprint-based background checks during the hiring process of critical University positions. Without this access to FBI criminal background check data, UC campuses, medical centers and other locations will continue to spend excessive time, and resources to access federal criminal conviction history results through third-party vendors, creating additional costs, significant hiring delays, and increased exposure for potential liabilities.”

Background. The FBI collects and securely stores criminal history data, including fingerprints, from nearly 18,000 law enforcement agencies across the nation in the CJIS. When a federal criminal background check is requested by an authorized user, fingerprint images are forwarded to the FBI and a fingerprint-based search of records in the national criminal history database is performed. If the applicant’s fingerprints match data in the national criminal history database, the FBI sends the DOJ criminal history information from any state or federal agencies that have reported the information to the FBI.

In December 2022, the FBI notified the California Department of Justice that the current state statutory authority for the FBI process fingerprint-based background checks for state employees no longer qualified for CJIS access. Instead, applicant agencies wishing to restore access to the

CJIS for the purpose of servicing state employee fingerprint-based background checks must enact new statutory authority that:

1. Explicitly references a national criminal history check.
2. Includes an express or implied reference such as “submit to the FBI.”
3. Authorizes the use of FBI records for screening of applicants.
4. Identifies the specific categories of licensees and employees that fall within its purview to avoid being overly broad.

This bill will allow the UC to maintain access CJIS for the purpose of conducting background checks on its prospective employees and contractors.

Background checks for postsecondary education institutions. Each of the CCC, CSU, and the UC conduct background checks for potential applicants for academic and administrative positions. Based on the Fair Chance Act of 2018, postsecondary education institutions do not conduct the background check until after a condition of employment is provided and the check is limited to crime committed in the last seven years that are related to the duties of the intended job. For example, the CCC conducts a U.S. Department of Justice background check for academic instructional staff as CCC districts are not permitted to hire someone with convicted sex offenses or controlled substance offenses according to Education Code Section 87405 subdivision (a). The background check is provided to the applicant who is then given the opportunity to explain the findings to the hiring board.

Existing UC Policy: The UC’s current policy on hiring, “PPSM-21 Selection and Appointment,” published in October of 2023, stipulates that it is the policy of the UC to select and hire, in its judgment, the candidate who possesses the skills, knowledge, and abilities to best perform the duties and responsibilities of the position. It also affirms that UC is generally prohibited, consistent with existing law, from asking an applicant to disclose prior conviction information on the initial job application. The information will be requested once the applicant has been identified as the recommended candidate and has received a conditional offer of employment in a critical position.

The policy also stipulates that a background check is required after the candidate has received a conditional offer of employment in a critical position. According to the policy, candidates hired into critical positions have sensitive administrative/programmatic/managerial duties and responsibilities that could potentially cause human, financial or property loss or other significant risk to the UC. The Chancellor will designate certain positions as “critical” in accordance with the policy, however all UC Health Medical Center and Student Health Center positions are considered critical. Generally, Senior Management Group (SMG) positions are designated as critical.

An offer of employment, oral or written, must be contingent upon completion of a satisfactory pre-employment background check. The policy specifies that the background check process should be initiated only after a conditional offer of employment has been extended to the candidate, The background check must only be used for evaluating the candidate for employment and cannot be used for discriminatory or retaliatory reasons as prohibited by state and federal law and UC policies. This policy is applicable to external and internal candidates, including UC employees under consideration for a promotion or when a UC employee is subject to a background check due to a change in University policies or practices related to specific positions.

Arguments in support. The UC Office of the President wrote in support of this bill, noting that, “UC policy requires a background check for critical positions. The UC obtains fingerprint images and related information from a prospective employee who has accepted a conditional offer of employment in a critical position to conduct a background check. Candidates considered for critical positions have sensitive administrative, programmatic, and/or managerial duties and responsibilities that could potentially cause human, financial or property loss, or other significant risk. Not having access to DOJ and FBI criminal conviction history has resulted in locations spending excessive time and resources to access federal criminal conviction history through third-party vendors, which has created additional financial costs, significant hiring delays, and increased exposure for potential liabilities.”

“This bill is necessary to ensure the UC has access to DOJ and FBI federal criminal conviction history so that it can conduct timely background checks for critical positions. This will allow the UC to continue to provide a safe and secure environment for its employees, students, and others in the University community, protect its property and assets, and uphold the reputation and integrity of the University.

Arguments in opposition. The American Civil Liberties Union California Action wrote in opposition, stating that “AB 922 is unneeded as UC policy already accomplishes the bill’s intent. UC Policy PPSM-21 requires a criminal history check for anyone working in a ‘Critical Position’. The Policy lists out the essential elements that would lead to a job being designated as a Critical Position – the essential elements parallel the job functions AB 922 would require a background check for. There is no need to clog the Education Code with a practice the UCs already regulate and engage in.”

“Notably, AB 992 problematically leaves out a constitutional safeguard, creating confusion and legal liability for UC administrators. The California Supreme Court has stated that the Constitution requires that state employment requirements be “directly related” to an individual’s fitness to perform the job duties required by the position. Specifically, the Fourteenth Amendment of the Constitution requires that the state employment requirements must be ‘directly related’ to the individual’s capacity and fitness to perform the duties which the individual is required to perform. (Morrison v. State Board of Education, (1969) 1 Cal.3d 214; Schware v. Board of Bar Examiners (1957) 353 U.S. 232; Hallinan v. Committee of Bar Examiners of the State Bar (1966) 54 Cal.2d 447.). To determine an individual’s fitness for a job many factors must be considered and evaluated, including the severity of the underlying offense, the length of time since the conviction occurred, and evidence of rehabilitation. While UC Policy PPSM-21 requires a determination that a person’s conviction history have a ‘direct and adverse relationship’ to specific job duties to be considered, no equivalent provision appears in AB 992. If the bill passes, the UC’s policy will be replaced with AB 992’s overbroad, unconstitutional scheme.”

Prior legislation. AB 94 (Alvarez), Chapter 94, Statutes of 2023, required the California State Auditor (CSA) to collect fingerprints from prospective employees and contractors, as specified, and complete a background check with the DOJ.

REGISTERED SUPPORT / OPPOSITION:

Support

University of California

Opposition

ACLU California Action

Analysis Prepared by: Kevin J. Powers / HIGHER ED. / (916) 319-3960