The Criminal Background Check process applies to employees in critical positions.
All recruitment information (including job postings), announcements, and position descriptions must contain the following statement if a background check is required:
This position is a critical position and subject to a background check. Employment is contingent upon successful completion of background investigation including criminal history and identity checks.
- Properly identify positions that are deemed critical by completing the Background Check Worksheet. This worksheet has been developed to assist hiring authorities determine which positions are deemed “critical” and thus subject to a criminal background check based on PPSM-21 Selection and Appointment.
UC Davis Police Department's Role
- Schedule appointments for and conduct criminal background checks (fingerprints) at its stations on the Davis campus and in Sacramento for final candidates and employees via Live Scan, the background check process administered by the Department of Justice/Federal Bureau of Investigation.
- House and maintain the Live Scan equipment.
- Train designated personnel in the rules, responsibilities, and procedures related to Live Scan.
Background Checks Resulting in “Not Cleared”
- Final Candidates Who Do Not Clear Their Background Check: If a final candidate does not clear their background check, the department will be notified by Human Resources. The conditional offer of employment will be rescinded by the Talent Acquisition Partner. The department can then discuss options with their Talent Acquisition Partner, such as consideration of the second top candidate, if applicable, or resuming another recruitment. The Talent Acquisition Partner can notify the final candidate that the conditional offer of employment has been rescinded, unless a department has been communicating with the final candidate and prefers to do so.
- Current Employees whose Background Contains Criminal History: The Background Check and Policy Administrator in Human Resources performs and individualized assessment about how the information relates to the employee’s duties of their current position or position for which they are a final candidate. When the Background Check and Policy Administrator determines that it may disqualify the employee, the employee is notified in writing and provided an opportunity to respond and provide information about the situation. A response from the employee is reviewed and a final determination is made about whether the employee is or is not cleared for the position.
- Employees Who Do Not Clear Their Background Check: If an employee does not clear their background check, the department is notified by Human Resources. The department consults with their Employee Relations Consultant. An employee who does not clear their background check will not necessarily result in loss of employment due to the criminal history in their background check. As an example, an employee who is a finalist for a promotion or different position that was designated as a critical position may have to remain in their current position, which is not a critical position.
Subsequent Arrest and Conviction Notification Process
For employees who undergo a criminal background check via Live Scan once cleared in the system, Human Resources will regularly receive information regarding subsequent arrests and convictions/dispositions for staff and student employees continuing to occupy critical positions.
- Subsequent Arrest and Conviction Procedure: The Background Check and Policy Administrator reviews LiveScan notices about subsequent arrests and convictions. The Background Check and Policy Administrator then performs an individualized assessment about how the information relates to the employee’s position and duties. Based upon the assessment, follow up with the department and employee may be undertaken. Employee and Labor Relations assists with the appropriate next steps and appropriate action based upon the circumstances.
Criminal Background Check FAQs for Final Candidates
- Why do I need to submit to a criminal background check, if I have been already offered a position?
- Criminal background checks are required for final candidates that are under consideration for hire/appointment into a critical position, as designated by policy and local procedure.
For critical positions, a department will provide the final candidate with a conditional offer, contingent upon successful clearance of a criminal background check.
By conducting criminal background checks, UC Davis and UC Davis Health promote a safe and secure environment.
- What kind of criminal background checks are conducted?
- At UC Davis and UC Davis Health, two methods of criminal background checks are administered. Final candidates will be notified which method they will undergo for their criminal background check.
Live Scan is one method. It requires an individual to be fingerprinted and criminal records are searched by the California Department of Justice (DOJ).
Universal Background Screening (“Universal”) is the other method. Universal is a third party vendor used by UC locations, including UC Davis Campus/UC Davis Health, and it relies on an online process to search criminal records. No fingerprinting is required for Universal.
- How do I schedule a Live Scan Appointment for fingerprinting, if applicable?
- Davis Campus Positions: The Recruiter advises you to schedule an appointment by scheduling online at: https://police.ucdavis.edu/live-scan.
Alternatively, you can call (530) 752-6859 for UC Davis Campus Police in Davis or call the UCD Campus Police at (916) 734-3841 in Sacramento, but the online schedule process is recommended.
UCD Health Positions:
For New Hires:
A Recruitment Coordinator provides you with a Background Check Authorization to Release Information Form, and advises you to schedule an appointment by scheduling online at: https://police.ucdavis.edu/live-scan. Alternatively, you can call (530) 752-6859 for UC Davis Campus Police in Davis or call the UCD Campus Police at (916) 734-3841 in Sacramento, but the online schedule process is recommended.
Human Resources (HR) Compensation provides you (as a current UCD Health employee) with a Background Check Authorization to Release Information Form, and advises you to schedule an appointment by scheduling online at: https://police.ucdavis.edu/live-scan. Alternatively, you can call UC Davis Police Department in either Davis at (530) 752-6859 or in Sacramento at (916) 734-3841, but the online schedule process is recommended.
- Do I need to schedule a criminal background check with Universal, if applicable?
- For New Hires:
No, instead you will receive an email from Universal requesting information, and then the criminal background check will be initiated. No fingerprinting is needed.
For Reclassifications at UCD Health:
No, you will receive an email from HR, Compensation at UCD Health asking you to complete a Background Check Authorization Form and submit it back to HR, so that HR may initiate the background check with Universal.
For Volunteer Positions at UCD Campus:
No, the volunteer receives a Background Check Authorization to Release Information Form from the department they want to volunteer with, and submits the completed form to Background Check Coordinator via a secured fax line at 530-752-3667, so that the Background Check Coordinator may initiate the background check with Universal.
For Volunteer Positions at UCD Health:
No, the volunteer receives a link to contact Universal to initiate the background check on their “Onboarding Dashboard” administered by Volunteer Services.
For Externship Positions at UCD Health:
No, you download the Externship Packet, which includes a Background Check Authorization to Release Information Form that you need to fill out and submit back to your placement department. Once the placement department has approved the externship packet, the department submits the completed Background Check Authorization to Release Information Form and an externship clearance form to Training and Development so that they may initiate the background check with Universal.
- How long does it take for a criminal background check to be completed?
- Live Scan: Typically takes about a week or two, sometimes longer. Please see the California Department of Justice website for more information at: https://oag.ca.gov/fingerprints.
Universal: Typically takes a few business days.
Criminal background checks containing potentially disqualifying information (See below) will add time to the process so that a thorough and complete analysis is performed in each situation.
- What should I do if I have a misdemeanor and/or felony convictions and/or pending criminal charges?
- If asked to disclose these on an authorization form, you are expected to disclose them. A misrepresentation by you can be cause for disqualification. As addressed below and on the authorization forms, certain convictions do not and should not be disclosed.
- What convictions am I required to disclose?
- Convictions since your 18th Birthday that must be disclosed are the following:
> Felony conviction by any court,
> Felony conviction reduced to a Misdemeanor by any court,
> Misdemeanor conviction by any court or,
> Pending criminal charges.
- What convictions do I NOT have to disclose?
- Convictions that do not need to be disclosed are the following:
> Misdemeanor while under the age of 18 may be omitted if the record was sealed under California Penal Code 1203.45,
> Convictions that have been judicially dismissed or ordered sealed as described under California Labor Code Section 432.7(a)(1),
> Minor traffic violations where the fine imposed was $400.00 or less,
> Any offense that was finally settled in Juvenile Court or referred to the youth authority, or
> Any conviction specified in California Health and Safety Code Section 11361.5 which pertains to marijuana offenses.
- Will my job offer be automatically withdrawn, if my criminal background check discloses convictions/pending criminal charges?
- No, the University will determine whether a criminal background check contains any conflicting and/or potentially disqualifying information.
A similar process is followed for individuals seeking to be volunteers, externs or similar roles.
If the University determines that a criminal background check does not contain information that would disqualify the final candidate’s employment, the hiring process may proceed and the final candidate has then been determined to have cleared their criminal background check.
If the University determines that there is potentially disqualifying information the University will send the final candidate a Pre-Adverse Action Notice.
Pre-Adverse Action Notice:
A Pre-Adverse Action Notice will notify a final candidate that there is conflicting and/or potentially disqualifying information found in their criminal history as reflected in their criminal background check report for the position they applied for. The University will request that the final candidate provide either:
1) Evidence challenging the accuracy of the criminal background check report, or
2) Evidence of rehabilitation and/or mitigating circumstances within five (5) business days.
If, within five (5) business day, the final candidate responds to the University in writing that they dispute the accuracy of the conviction history in the criminal background check report that is the basis for a preliminary decision to rescind the offer and that the final candidate is taking specific steps to obtain evidence supporting that assertion, then the final candidate will have five (5) additional business days to respond to the notice. The University will consider the information submitted by the final candidate before making a final decision.
If the final candidate does not reply to the Pre-Adverse Action Notice, the University will make a final determination based on the information available, as to whether the final candidate is still eligible to hold the position applied for based on an individualized assessment.
If the final candidate does reply to the Pre-Adverse Action Notice, the University will review the information provided as to whether the final candidate is still eligible to hold the position applied for based on an individualized assessment.
- What will the Individualized Assessment take into consideration?
- The individualized assessment will take into account the following:
> Whether the law prohibits the individual from holding a position based on the nature of the conviction;
> The nature and gravity of the offense;
> The length of time that has passed since the offense occurred and/or the completion of the sentence;
> The nature of the position applied for and the relevancy of the conviction to the position;
> Evidence of rehabilitation and/or mitigation;
> Whether the candidate is bonded under a federal, state, or local bonding program;
> Any explanation provided by the final candidate.
- How can I provide evidence of mitigation or rehabilitation?
- Evidence of mitigation and/or rehabilitation can be shown by, but not limited to any of the following ways:
> Evidence showing that at least one year has passed since release from any correctional institution without subsequent conviction of a crime;
> Evidence that shows compliance with terms and conditions of probation/parole.
> Certificates of completion of sentencing requirements;
> Letters of reference. Including but not limited to: letters by current/previous employers, letters from volunteer organizations, and letters from other members of the community.
- What happens after the Individualized Assessment?
- If after an individualized assessment the University determines that the final candidate is not disqualified for the position they applied for, then the final candidate has cleared their criminal background check.
If after an individualized assessment the University determines that the final candidate is disqualified for the position they applied for solely or in part because of the their criminal history found in their criminal background check report, then the final candidate has not cleared their criminal background check. The final candidate is then sent an Adverse Action Notice.
Adverse Action Notice:
An Adverse Action Notice will notify a final candidate of the University’s decision to deny the final candidate’s employment solely or in part because of their criminal history as reflected in their criminal background check report.
- I am currently a UC Davis/UC Davis Health employee, and completed a criminal background check, do I need to do another one?
- If you completed a Live Scan criminal background check at the University and have remained continuously employed, you most likely will not need to complete another criminal background check.
If you completed a Universal criminal background check, but it has been more than 24 months, you will need to complete another Universal criminal background check when applying for another job that is designated as a critical, or when being reclassified or other such personnel events.
- Will Subsequent Arrests and Convictions be disclosed to the University?
- If a final candidate completed a Live Scan criminal background check, the University will receive Subsequent Arrest and Conviction Notifications from the California Department of Justice.