(a)

1. (1) As used in this section, “custodian of records” means the individual designated by an agency as responsible for the security, storage, dissemination, and destruction of the criminal records furnished to the agency and who serves as the primary contact for the Department of Justice for any related issues.
2. (2) As used in this section, “agency” means any public or private entity that receives criminal history information from the Department of Justice.
3. (3) As used in this section, “department” means the Department of Justice.

(c) Every agency must designate at least one custodian of records.

1. (1) The agency shall submit to the department the fingerprint images and related information required by the department of the individual designated by the agency to serve as the custodian of records for the purpose of obtaining information about the existence and content of a record of state or federal arrests or convictions and information about the existence and content of a record of the state or federal arrests for which the department establishes that the person is free on bail or on their own recognizance pending trial or appeal.
2. (2) The department shall transmit fingerprint images and related information received pursuant to this section to the Federal Bureau of Investigation for the purpose of obtaining a federal criminal history information check. The department shall review the information returned from the Federal Bureau of Investigation.
3. (3) The department shall retain the fingerprint impressions for subsequent arrest notification pursuant to Section 11105.2.

(f) The department may refuse to confirm an individual as a custodian of records or revoke or suspend the confirmation of a custodian of records if the individual has done any of the following:

1. (1) Been convicted of a felony offense.
2. (2) Been convicted of an offense that is substantially related to the qualifications, functions, or duties of a custodian of records.
3. (3) Made a substantial and material misstatement or omission in the application submitted to the department.
4. (4) Failed to discharge fully and faithfully any of the duties or responsibilities required of a custodian of records.
5. (5) Been adjudged liable for damages in any suit grounded in fraud, misrepresentation, or in violation of the state regulatory laws, or in any suit based upon a failure to discharge fully and faithfully the duties of a custodian of records.
6. (6) Committed any act involving dishonesty, fraud, or deceit.
7. (7) Failed to submit any remittance payable upon demand by the department.

(j)

1. (1) The department shall implement regulations to aid in determining whether an offense is substantially related to the qualifications, functions, or duties of a custodian of records.

2. (2) The criteria for determining whether an offense is substantially related to the qualifications, functions, or duties of a custodian of records shall include all of the following:

   1. (A) The nature and gravity of the offense.
   2. (B) The passage of time since the date of the offense.
   3. (C) Whether the applicant has offered credible evidence of rehabilitation.
3. (3) If an applicant with a prior conviction presents evidence of rehabilitation, the department shall not deny confirmation based, in whole or in part, on that conviction without considering the applicant’s evidence of rehabilitation.