Cal. EDC § 22338
This is the official text of Cal. EDC § 22338, part of California’s Education Code — governs public schools, community colleges, and universities in California.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
Official statutory text
(a) (1) This section applies to current employees of the system as a condition of their employment as well as applicants who apply to become employees of the system while a tentative offer is still pending.
(2) The criminal history check authorized by this section is limited to those employees and applicants whose duties include, or would include, any of the following:
(A) Access to confidential or sensitive information and data maintained by the system or submitted to the system by its members and others.
(B) The system’s chief executive officer performing duties pursuant to Section 22301.
(C) Legal services and operations.
(D) Actuarial, investment, audit, accounting, and financial services.
(E) A position that requires driving as an essential function of the position.
(b) The system shall submit to the Department of Justice fingerprint images and related information required by the department of each employee and applicant for employment, specified in subdivision (a), in accordance with subdivision (u) of Section 11105 of the Penal Code.
(c) The Department of Justice shall provide a state or federal response to the system pursuant to subdivision (p) of Section 11105 of the Penal Code.
(d) The system shall use the records and information received from the Department of Justice pursuant to subdivisions (b) and (c) exclusively for the purposes of employment subject to Section 19572 of the Government Code and to screen applicants for employment while a tentative offer is still pending with the system.
(2) The criminal history check authorized by this section is limited to those employees and applicants whose duties include, or would include, any of the following:
(A) Access to confidential or sensitive information and data maintained by the system or submitted to the system by its members and others.
(B) The system’s chief executive officer performing duties pursuant to Section 22301.
(C) Legal services and operations.
(D) Actuarial, investment, audit, accounting, and financial services.
(E) A position that requires driving as an essential function of the position.
(b) The system shall submit to the Department of Justice fingerprint images and related information required by the department of each employee and applicant for employment, specified in subdivision (a), in accordance with subdivision (u) of Section 11105 of the Penal Code.
(c) The Department of Justice shall provide a state or federal response to the system pursuant to subdivision (p) of Section 11105 of the Penal Code.
(d) The system shall use the records and information received from the Department of Justice pursuant to subdivisions (b) and (c) exclusively for the purposes of employment subject to Section 19572 of the Government Code and to screen applicants for employment while a tentative offer is still pending with the system.
Status: in_force · Read it on the official government site
Need a lawyer in California?
Find a California lawyer
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.