Individualized Assessment
In instances where Education Code section 87405 is not applicable to a person’s criminal conviction history, any of the following factors can be considered for determining whether the person with a conviction history may be disqualified from the position:
- The nature and gravity of the offense resulting in a conviction;
- The number of offenses for which the applicant was convicted;
- The time that has passed since the offense and completion of the sentence;
- The nature of the position;
- The relationship of the offense to the work to be performed in the position;
- The length and consistency of employment history before and after the offense;
- Evidence that the applicant performed the work to be performed in the position, post-conviction, with no known incidents of criminal conduct; and
- Evidence of rehabilitation efforts (e.g. education, training
Appeal of Possible Disqualification from Employment
If, after evaluating the criminal background information, the District determines that the person may be disqualified from the position,the District shall:
- Send a notification letter informing the individual that they may be disqualified from the position based on their past criminal conviction history, and
- Inform the individual that they may request an administrative review.
The request for administrative review must be submitted to the Office of Human Resources in writing (typically by email) within fifteen (15) business days from the date on the notification letter, along with any supporting documents and/or statements the individual wishes to submit for consideration. If the individual does not provide the District with any information on the circumstances regarding their criminal conviction history, the District shall finalize the determination on the facts at the District's disposal.