AB 1339 Expands Background Check Law

Current state law requires an employer to provide the full personnel records of any employee or former employee who applies for a peace officer position. (Gov. Code ยง1031.1.) AB 1339, which was signed by the Governor on July 21, 2017, extends this obligation to any applicant for any position in a law enforcement agency. The intent behind this bill is that current law leaves a gap for positions such as a police dispatcher or evidence clerk. Although these are not peace officer positions, these are still sensitive positions in a law enforcement agency. Under AB 1339, if an employee or former employee applies to be a police dispatcher, for example, and the employer is presented with a proper request, the employer must provide all personnel records related to the employee. This bill takes effect January 1, 2018.

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