Guard Card Application Disqualifiers, Convictions and Appeal Process
Contents
- I have a conviction on my record
- The Private Security Services Disciplinary Review Committee (DRC)
- Appeal Decision to the Disciplinary Review Committee (DRC)
- Certificate of Rehabilitation (COR)
- What Does the Clean Slate Law Mean?
I have a conviction on my record
We receive many questions from potential students who have convictions who want to work as security guards. We cannot offer legal advice and cannot guarantee that the BSIS will issue a Security Guard Registration Card. We have been informed that the BSIS will not discuss specific cases prior to receiving a formal guard application and all fees have been paid. This requires that at least the 8-hour "Power to Arrest" course be completed, plus a Live Scan and Application fees. Therefore, the estimated costs to determine if the person with a conviction is even eligible to work as a security guard is approximately $143.
All applicants with convictions will have their applications sent to the Disciplinary Review Committee. This may add up to 120 days of processing time to the application.
From the Application For Security Guard Registration:
Be sure to answer all questions on the application completely and truthfully. Any omission or false statement on the application may constitute grounds for denial or subsequent revocation of the registration.
A registration may be denied to any person who makes a false statement or who has been convicted of any crime or act substantially related to the functions or duties of a security guard. However, the Bureau will consider evidence of rehabilitation.
Question 7 on the Application for Security Guard Registration asks:
7.a Have you ever been convicted of, or pled guilty or nolo contendere to ANY criminal or civil offense in the United States, it’s territories, or a foreign country? This includes every citation, infraction, misdemeanor and/or felony. Convictions that were adjudicated in the juvenile court or convictions under California Health and Safety Code sections 11357(b), (c), (d), (e) or section 11360(b) which are two years or older, as well as criminal charges dismissed under section 1000.3 of the Penal Code or equivalent non-California laws, should NOT be reported. Convictions that were later dismissed pursuant to sections 1203.4, 1203.4a, or 1203.41 of the California Penal Code or equivalent non-California law MUST be disclosed. YES/NO
7.b Is any criminal action pending against you, or are you currently awaiting judgment and sentencing following entry of a plea or jury verdict? YES/NO
More information can be found here:
Frequently Asked Questions - Informal Review before the Disciplinary Review Committee (DRC)
Firearms Permits and Convictions
Source: BSIS Firearms Training Manual (2012)
FELONS, PROHIBITED MISDEMEANORS AND DOMESTIC VIOLENCE PROHIBITIONS:
Instructors are to specifically inform each student that a firearm permit shall not be issued by the Bureau to a person who has been convicted of a felony or a misdemeanor that prohibits the person from carrying or possessing a firearm.
Specifically, the Bureau SHALL NOT issue a firearm permit to: A convicted felon (Business and Professions Code Section 7583.24(a); Penal Code Sections 29800, 29810, 29900, 29905), to a person convicted of a misdemeanor who is prohibited from possession of a firearm for a period of 10 years (Penal Code Section 29805 and 29810); nor to an individual with a history of domestic violence or who is subject to a Temporary Restraining Order (TRO) - (Penal Code Section 18250)
Students may also be denied a firearm permit if they have been convicted of a crime of violence (Penal Code Section 29905), such as assault, battery, assault with a deadly weapon, or a weapons violation, such as brandishing a weapon, illegal possession of and/or discharge of a weapon or carrying a concealed weapon without a concealed weapon permit.
The Private Security Services Disciplinary Review Committee (DRC)
The DRC provides an applicant or licensee an alternate process to appeal the Bureau’s decision relating to denials, suspensions, revocations, and the Bureau’s imposition of administrative fines for the security industries. Specifically, Business and Professions Code Section 7581.2 states:
Each disciplinary review committee shall perform the following functions as they pertain to private patrol operators, security guards, firearm qualification cardholders, firearm training facilities, firearm training instructors, baton training facilities, and baton training instructors, as licensed, certified, or registered by the bureau under this chapter, and proprietary security officers, as registered by the bureau under Chapter 11.4 (commencing with Section 7574):
(a) Affirm, rescind, or modify all appealed decisions which concern administrative fines assessed by the director.
(b) Affirm, rescind, or modify all appealed decisions which concern denials, revocations, or suspensions of a license, certificate, or registration except denials, revocations, or suspensions ordered by the director in accordance with Chapter 5 (commencing with Section 11500) of Division 3 of Title 2 of the Government Code.
The other appeal process option available is a hearing before an Administrative Law Judge with the Office of Administrative Hearings.
Appeal Decision to the DRC
In matters pertaining to private patrol operators, security guards, proprietary private security officers, firearm qualification cardholders, firearm training facilities, firearm training instructors, baton training facilities, and baton training instructors, the DRC may affirm, rescind or modify all appealed decisions which concern (a) administrative fines assessed by the Director of the Department of Consumer Affairs (Director), or (b) denials, revocations, or suspensions of a license, certificate, registration or permit, except denials, revocations, or suspensions that have been ordered by the Director under the Administrative Procedures Act.
In matters pertaining to alarm company operators and their employees, the DRC may affirm, rescind or modify all appealed decisions which concern (a) administrative fines assessed by the Bureau of Security and Investigative Services (Bureau), or (b) denials, revocations, or suspensions of a license, certificate, registration or permit, except denials, revocations, or suspensions that have been ordered by the Director under the Administrative Procedures Act.
Requests for review must be filed within 30 days of the issuance of the citation and assessment, denial, revocation, or suspension.
Requests for review by the Disciplinary Review Committee must be in writing. You may submit your request via mail, e–mail, or fax.
For more information, see: Frequently Asked Questions - Informal Review before the Disciplinary Review Committee (DRC)
Certificate of Rehabilitation (COR)
In California, State licensing agencies may not deny a license based solely on a conviction if the applicant has obtained a Certificate of Rehabilitation for the offense.
Security Training Center® is not a law firm and cannot offer legal advice. Please search the web and/or speak with an attorney about the Certificate of Rehabilitation process, costs, and eligibity.
What Does the Clean Slate Law Mean for Employers and Background Checks?
February 20, 2022
What Does the Clean Slate Law Mean for Employers and Background Checks?