Criminal Record Review
The purpose of the criminal record review process is to ensure the health, safety and well-being of the elderly, and/or individuals with disabilities cared for by certified nurse assistants (CNA), home health aide (HHA), and/or direct care staff. The criminal record review process includes the review of convictions substantially related to the qualifications, functions or duties of a CNA, HHA, and direct care staff.
Frequently Asked Questions
All applicants for a license, certificate or employment in an Intermediate Care Facility must obtain and maintain criminal record clearance. A review of the individual’s criminal record begins upon submission of fingerprints to the Department of Justice (DOJ). Upon receipt of a notification from the DOJ the California Department of Public Health reviews the information to determine if that individual has any convictions on their record.
All initial applicants seeking a license, certificate or employment in an Intermediate Care Facility with the CDPH must undergo a criminal record review, in addition to any certificate or license holder upon notification of a new conviction from the DOJ.
A criminal record review includes analyzing the criminal record information provided by the DOJ in addition to, supporting documentation from law enforcement and the courts. The length of review time varies depending on the applicant/certificate holder’s compliance, the number of convictions and timely communication from various criminal justice agencies.
All convictions must be reported to the CDPH even if the court granted a dismissal pursuant to PC 1203.4 or any other applicable statute, with the exception of marijuana-related offenses specified in the marijuana reform legislation and codified in Health and Safety Code sections 11361.5 and 11361.7
All convictions will be reviewed on a case by case basis, and the CDPH will take into consideration the nature and severity of the crime, and the amount of time that has passed since the most recent conviction, in addition to other factors.
A Notice of Denial or Notice of Revocation letter is sent to applicants and/or certificate holders, who are not granted criminal record clearance. Upon receipt of the denial or revocation letter the individual may not work or advertise as a CNA and/or a HHA.
It is the applicant and/or certificate holder’s responsibility to provide the CDPH with a current mailing address within 60 days.