California Department of Public Health (CDPH) evaluates criminal convictions for any offense and either grants or denies criminal record clearance by reviewing evidence of good character and rehabilitation provided by applicants ,or information gathered by CDPH in relation to criteria outlined in Health and Safety Code Section 1337.9(c).
Per CDPH, for individuals (potential students) who have any convictions, or have questions about their ability to obtain the Live Scan/Department of Justice (DOJ) background clearance, you can request an "inquiry" with the CDPH by doing the following:
1. Fill out the top two sections of the CDPH283B form, and sign the applicants signature line. At the top of the form, write the following: "CLEARANCE ONLY WITH LETTER". The school does not fill out any information on the form.
2. Write at the top of the Live Scan form (BCIA8016) "CLEARANCE ONLY WITH LETTER", when filling out the form at the Live Scan vendor site.
CDPH will review Live Scan/DOJ results, determine if the individual is "cleared" or "not cleared"; and send the individual a letter explaining the results. Further questions may be referred to the Professional Certification Branch at email@example.com or call (916) 327-2445.
CDPH CRITERIA FOR REVIEWING CRIMINAL BACKGROUND CLEARANCE PER HEALTH AND SAFETY CODE 1337.9(C)
- The nature and seriousness of the conduct or crime under consideration and its relationship to their employment duties and responsibilities.
- Activities since conviction, including employment or participation in therapy or education, that would indicate changed behavior.
- The period of time that has elapsed since the commission of the conduct or offense and the number of offenses.
- The extent to which the person has complied with any terms of parole, probation, revocation or any other sanction lawfully imposed against the person.
- Any rehabilitation evidence, including references, submitted by the persons.
- Employment history and current employer recommendations.
- Circumstances surrounding the commission of the offense that would demonstrate the unlikelihood of repetition.
- An order from a superior court pursuant to Section 1203.4 and 1203.4a or 12303.41 of the Penal Code,
- The granting by the Governor of a full and unconditional pardon.
- A certificate of rehabilitation from a superior court.