Cal. Code Regs. Tit. 11, § 1953 - Peace Officer Background Investigation
Every peace officer candidate shall be the subject of a thorough background investigation to verify good moral character [Government Code section 1031(d)] and the absence of past behavior indicative of unsuitability to perform the duties of a peace officer, including any acts requiring denial of employment pursuant to the California Law Enforcement Accountability Reform (CLEAR) Act (Penal Code section 13680, et seq.).
The background and personal history sections of the Bias Assessment Framework [Commission Regulation 1955(d)(3)] and the entire set of POST Background Investigation Dimensions (Dimensions), herein incorporated by reference, described in the POST Background Investigation Manual -- Guidelines for the Investigator (2022) -- Integrity, Impulse Control/Attention to Safety, Substance Abuse and Other Risk-Taking Behavior, Stress Tolerance, Confronting and Overcoming Problems, Obstacles, and Adversity, Conscientiousness, Interpersonal Skills, Decision-Making and Judgment, Learning Ability, and Communication Skills - shall be considered in the conduct of every peace officer background investigation. The manual provides guidance in conducting background investigations. The use of the manual is discretionary, with the exception of the Dimensions and the relevant sections of the Bias Assessment Framework.
Every peace officer candidate shall be the subject of criminal and other records searches at the local, state, and national levels to determine legal eligibility for peace officer employment [Government Code sections 1029, 1030 and 1031(c)], eligibility to carry a firearm [Penal Code section 29805; U.S. Code Title 18, section 922(d)(9)], and to assess moral character [Government Code section 1031(d)].
Any accreditation or approval required by this subdivision shall be from a state or local government educational agency using state or local government approved accreditation, licensing, registration, or other approval standards, a regional accrediting association, an accrediting association recognized by the Secretary of the United States Department of Education, an accrediting association holding full membership in the National Council for Private School Accreditation (NCPSA), an organization holding full membership in AdvancED or Cognia, an organization holding full membership in the Council for American Private Education (CAPE), or an accrediting association recognized by the National Federation of Nonpublic School State Accrediting Associations (NFNSSAA).
The retention of all background investigation records, including the initial and updated background investigations, shall be the responsibility of the hiring authority.
The background investigator shall summarize the background investigation results in a narrative report that includes sufficient information for the reviewing authority to extend, as appropriate, a conditional offer of employment. The report shall include sections that summarize relevant Background Investigation Dimensions and any findings of behaviors, traits and/or attributes that may be relevant to bias per the Bias Assessment Framework [subsection 1953(b)], including whether the candidate has engaged or is engaging in membership in a hate group, participation in any hate group activity or advocacy of public expressions of hate, per Penal Code section 13680, et seq. The report shall identify the data sources reviewed for the findings, regardless of weight given.
The report shall include narrative information in order of, and consistent with, the required areas of investigation [subsection 1953(e)] using the following headings:
The report, along with all supporting documentation obtained during the course of the background investigation, including relevant documentation of bias-related findings and documentation obtained through the social media search [subsection 1953(e)(12)], shall be included in the candidate's background investigation file. The supporting documents shall be originals or true, current and accurate copies as attested to by the background investigator. The background investigation file shall be made available during POST compliance inspections.
The background narrative report and supporting documentation shall be retained in the individual's background investigation file for as long as the individual remains in the department's employ. Additional record retention requirements are described in Government Code section 12946.
The narrative report and any other relevant background information [subsection 1953(g)(1)] shall be shared with the psychological evaluator [Commission Regulation 1955(e)(3)]. This information shall also be shared with others involved in the hiring process, such as screening physicians, if it is relevant to their respective evaluations.
This information must be furnished to those conducting background investigations of peace officer candidates on behalf of other law enforcement departments except as specifically provided by statute (Government Code section 1031.1, Government Code section 6250 et seq, Labor Code section 1050, Labor Code section 1054, O'Shea v. General Telephone Co. (1987) 193 Cal. App 3d 1040). This information shall only be utilized for investigative leads and the information shall be independently verified by the prospective department to determine the suitability of the peace officer candidate.
Notes
Note: Authority cited: Sections 1029, 1030, 1031, 1031.2, 1031.3 and 1031.4, Government Code; and Sections 13503, 13506 and 13510, Penal Code. Reference: Sections 1029, 1030, 1031, 1031.2, 1031.3 and 1031.4, Government Code; Section 12500, Vehicle Code; Sections 13510, 13680, 13681, 13682, 13683 and 29805, Penal Code; and Title 18 Section 922(d)(9), US Code.
2. Change without regulatory effect amending subsection (d) filed 12-9-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 50).
3. Change without regulatory effect amending subsections (e)(5)(A)2. and (e)(5)(A)4. filed 1-27-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 5).
4. Amendment of subsections (c) and (g)(3) filed 2-24-2016; operative
5. Amendment of subsections (f)(1)(A)1.-2. and (f)(2)(B)2. filed 10-31-2016; operative
6. Amendment of subsections (b) and (c) and new subsections (f)(1)(B)-(f)(1)(B)3. filed 2-27-2018; operative
7. Amendment of subsection (f)(2)(B)2. filed 10-24-2018; operative
8. Amendment of subsections (f)(1)(A)1., (f)(2)(A), (f)(2)(B)1.-2. and (g)(3) filed 10-15-2021; operative
9. Change without regulatory effect amending subsections (e)(2)(A) and (e)(3), adopting subsections (e)(3)(D), (e)(6)(B) and (f)(2)(D), relettering subsections and amending Note filed 12-30-2021 pursuant to section 100, title 1, California Code of Regulations; operative
10. New subsection (a)(1) filed 5-24-2022; operative
11. Amendment of subsections (b), (e)(1)(A), (e)(5)(A)4. and (e)(7)(A)-(B), new subsections (e)(12)-(e)(12)(B), amendment of subsections (g)(1) and (g)(3) and amendment of Note filed 7-18-2022; operative
12. Redesignation and amendment of portions of subsection (c) as new subsections (c)(1)-(c)(2)J., new subsection (c)(3), amendment of subsection (d)(1), new subsections (g)(2)-(g)(2)(B) and subsection renumbering filed 11-3-2022; operative
13. Change without regulatory effect amending subsection (a), repealing subsection (e)(1)(B), relettering subsections, amending subsection (e)(5)(A)4. and amending Note filed 1-4-2023 pursuant to section 100, title 1, California Code of Regulations (Register 2023, No. 1).
14. Amendment of subsections (e)(7) and (g)(1) filed 6-8-2023; operative
15. Amendment of subsections (e)(1)-(e)(1)(B), (e)(2)(A)-(B), (e)(12)(A), (g)(1) and (g)(2)(B) filed 8-29-2023; operative
16. Amendment of subsection (c)(1), new subsection (c)(4) and amendment of NOTE filed 9-11-2023; operative
17. Change without regulatory effect amending subsections (c)(1) and (c)(4) filed 1-17-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 3).
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Every peace officer candidate shall be the subject of a thorough background investigation to verify good moral character [Government Code section 1031(d)] and the absence of past behavior indicative of unsuitability to perform the duties of a peace officer, including any acts requiring denial of employment pursuant to the California Law Enforcement Accountability Reform (CLEAR)
The background and personal history sections of the Bias Assessment Framework [Commission Regulation 1955(d)(3)] and the entire set of POST Background Investigation Dimensions (Dimensions), herein incorporated by reference, described in the POST Background Investigation Manual -- Guidelines for the Investigator (2022) -- Integrity, Impulse Control/Attention to Safety, Substance Abuse and Other Risk-Taking Behavior, Stress Tolerance, Confronting and Overcoming Problems, Obstacles, and Adversity, Conscientiousness, Interpersonal Skills, Decision-Making and Judgment, Learning Ability, and Communication Skills - shall be considered in the conduct of every peace officer background investigation. The manual provides guidance in conducting background investigations. The use of the manual is discretionary, with the exception of the Dimensions and the relevant sections of the Bias Assessment Framework.
Every peace officer candidate shall be the subject of criminal and other records searches at the local, state, and national levels to determine legal eligibility for peace officer employment [Government Code sections 1029, 1030 and 1031(c)], eligibility to carry a firearm [Penal Code section 29805; U.S. Code Title 18, section 922(d)(9)], and to assess moral character [Government Code section 1031(d)].
Any accreditation or approval required by this subdivision shall be from a state or local government educational agency using state or local government approved accreditation, licensing, registration, or other approval standards, a regional accrediting association, an accrediting association recognized by the Secretary of the United States Department of Education, an accrediting association holding full membership in the National Council for Private School Accreditation (NCPSA), an organization holding full membership in AdvancED or Cognia, an organization holding full membership in the Council for American Private Education (CAPE), or an accrediting association recognized by the National Federation of Nonpublic School State Accrediting Associations (NFNSSAA).
The retention of all background investigation records, including the initial and updated background investigations, shall be the responsibility of the hiring authority.
The background investigator shall summarize the background investigation results in a narrative
The
The
The background narrative
The narrative
This information must be furnished to those conducting background investigations of peace officer candidates on behalf of other law enforcement departments except as specifically provided by statute (Government Code section 1031.1, Government Code section 6250 et seq, Labor Code section 1050, Labor Code section 1054, O'Shea v. General Telephone Co. (1987) 193 Cal. App 3d 1040). This information shall only be utilized for investigative leads and the information shall be independently verified by the prospective department to determine the suitability of the peace officer candidate.
Notes
Note: Authority cited: Sections 1029, 1030, 1031, 1031.2, 1031.3 and 1031.4, Government Code; and Sections 13503, 13506 and 13510, Penal Code. Reference: Sections 1029, 1030, 1031, 1031.2, 1031.3 and 1031.4, Government Code; Section 12500, Vehicle Code; Sections 13510, 13680, 13681, 13682, 13683 and 29805, Penal Code; and Title 18 Section 922(d)(9), US Code.
2. Change without regulatory effect amending subsection (d) filed 12-9-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 50).
3. Change without regulatory effect amending subsections (e)(5)(A)2. and (e)(5)(A)4. filed 1-27-2016 pursuant to section 100, title 1, California Code of Regulations (Register 2016, No. 5).
4. Amendment of subsections (c) and (g)(3) filed 2-24-2016; operative
5. Amendment of subsections (f)(1)(A)1.-2. and (f)(2)(B)2. filed 10-31-2016; operative
6. Amendment of subsections (b) and (c) and new subsections (f)(1)(B)-(f)(1)(B)3. filed 2-27-2018; operative
7. Amendment of subsection (f)(2)(B)2. filed 10-24-2018; operative
8. Amendment of subsections (f)(1)(A)1., (f)(2)(A), (f)(2)(B)1.-2. and (g)(3) filed 10-15-2021; operative
9. Change without regulatory effect amending subsections (e)(2)(A) and (e)(3), adopting subsections (e)(3)(D), (e)(6)(B) and (f)(2)(D), relettering subsections and amending Note filed 12-30-2021 pursuant to section 100, title 1, California Code of Regulations; operative
10. New subsection (a)(1) filed 5-24-2022; operative
11. Amendment of subsections (b), (e)(1)(A), (e)(5)(A)4. and (e)(7)(A)-(B), new subsections (e)(12)-(e)(12)(B), amendment of subsections (g)(1) and (g)(3) and amendment of Note filed 7-18-2022; operative
12. Redesignation and amendment of portions of subsection (c) as new subsections (c)(1)-(c)(2)J., new subsection (c)(3), amendment of subsection (d)(1), new subsections (g)(2)-(g)(2)(B) and subsection renumbering filed 11-3-2022; operative
13. Change without regulatory effect amending subsection (a), repealing subsection (e)(1)(B), relettering subsections, amending subsection (e)(5)(A)4. and amending Note filed 1-4-2023 pursuant to section 100, title 1, California Code of Regulations (Register 2023, No. 1).
14. Amendment of subsections (e)(7) and (g)(1) filed 6-8-2023; operative
15. Amendment of subsections (e)(1)-(e)(1)(B), (e)(2)(A)-(B), (e)(12)(A), (g)(1) and (g)(2)(B) filed 8-29-2023; operative
16. Amendment of subsection (c)(1), new subsection (c)(4) and amendment of NOTE filed 9-11-2023; operative