Section 22338.
Cal. Education Code - EDC § 22338.
in effect(a)
(1)
This section applies to current employees of the system as a condition of their employment as well as applicants who apply to become employees of the system while a tentative offer is still pending.
(2)
The criminal history check authorized by this section is limited to those employees and applicants whose duties include, or would include, any of the following:
(A)
Access to confidential or sensitive information and data maintained by the system or submitted to the system by its members and others.
(B)
The system’s chief executive officer performing duties pursuant to Section 22301.
(C)
Legal services and operations.
(D)
Actuarial, investment, audit, accounting, and financial services.
(E)
A position that requires driving as an essential function of the position.
(b)
The system shall submit to the Department of Justice fingerprint images and related information required by the department of each employee and applicant for employment, specified in subdivision (a), in accordance with subdivision (u) of Section 11105 of the Penal Code.
(c)
The Department of Justice shall provide a state or federal response to the system pursuant to subdivision (p) of Section 11105 of the Penal Code.
(d)
The system shall use
the records and information received from the Department of Justice pursuant to subdivisions (b) and (c) exclusively for the purposes of employment subject to Section 19572 of the Government Code and to screen applicants for employment while a tentative offer is still pending with the system.
References
referencesCal. Penal Code - PEN § 11105.
referencesCal. Government Code - GOV § 19572.
referencesCal. Education Code - EDC § 22301.
Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026