(

a) Governing boards of commmunity college districts shall not employ or retain in employment persons who have been convicted of any sex offense as defined in

Section or controlled substance offense as defined in

Section 87011. If, however, any such conviction is reversed and the person is acquitted of the offense in a new trial or the charges against him or her are dismissed, this

section does not prohibit his or her employment thereafter. (

b) Notwithstanding subdivision (a), no person shall be denied employment or not be retained solely on the basis that he or she has been convicted of a sex offense or a controlled substance offense if he or she has obtained or applied for a certificate of rehabilitation and pardon under

Chapter 3.5 (commencing with

Section 4852.01) of Title of Part of the Penal Code, and if his or her probation has been terminated and the information or accusation has been dismissed pursuant to

Section 1203.4 of the Penal Code. (

c) Notwithstanding subdivision (a), a person may be employed or retained despite being convicted of a sex offense or a controlled substance offense if the governing board determines from the evidence presented that the person has been rehabilitated for at least five years, or has received a certificate of rehabilitation and pardon pursuant to

Chapter 3.5 (commencing with

Section 4852.01) of Title of Part of the Penal Code, or if the accusation or information against the person has been dismissed and he or she has been released from all disabilities and penalties resulting from the offense pursuant to

Section 1203.4 of the Penal Code.