(

a) Any person who has been convicted of, or pleaded nolo contendere to any crime specified in subdivision (

b) within the past years or has been held liable in any civil action by final judgment or any administrative judgment by any public agency within the past seven years, of any of the provisions specified in subdivision (b), shall not serve as an officer, director, partner, shareholder controlling percent or more of the ownership interests, trustee, or employee of a residential mortgage lender or residential mortgage loan servicer.

This subdivision shall not apply to any person whose office, employment, ownership interest, or other participation in the business of a licensed residential mortgage lender or residential mortgage loan servicer commenced prior to January 1, 1995, or whose criminal conviction, plea, or judgment occurred prior to January 1, 1995. (

b) Subdivision (

a) applies to criminal convictions of, pleas of nolo contendere to, or civil or administrative judgments entered for offenses including the following:

(1) Offenses specified in

Chapter 18 (commencing with

Section 3350) of Division 1.

(2) Offenses specified in

Article 4 (commencing with

Section 5300) of

Chapter of Division 2.

(3) Offenses specified in

Article 8 (commencing with

Section 14750) of

Chapter of Division 5.

(4) Offenses specified in

Chapter 7 (commencing with

Section 17700) of Division 6.

(5) Offenses specified in

Chapter 6 (commencing with

Section 18435) of Division 7.

(6) Offenses specified in provisions of the laws of the United States added or amended by the federal Financial Institutions Reform, Recovery and Enforcement Act of 1989 (Public Law 101-73).

(7) Offenses involving robbery, burglary, theft, embezzlement, fraud, fraudulent conversion or misappropriation of property, forgery, bookmaking, receiving stolen property, counterfeiting, extortion, checks, credit cards, or computer violations specified in

Section of the Penal Code. For the purpose of this section, but not

Section 50318, an offense does not include a conviction for which the person has obtained a certificate of rehabilitation from a court of competent jurisdiction under

Section 1203.4 or 4852.13 of the Penal Code or a similar certificate of rehabilitation obtained in a foreign jurisdiction. (

c) On and after January 1, 1995, any officer, director, or other person who seeks a controlling ownership interest of percent or more in the business of a licensed residential mortgage lender or residential mortgage loan servicer shall, as a condition to obtaining that interest or participation, authorize the commissioner to have access to that person’s state

summary criminal history information, as defined in

Section of the Penal Code, for purposes of determining whether the person has a prior conviction of, or pleaded nolo contendere to, a criminal offense specified in subdivision (b). (

d) Any state

summary criminal history information obtained pursuant to this

section shall be kept confidential and no recipient shall disclose the contents other than for the purpose of acquisition of an ownership interest in or other participation in the business of a licensed residential mortgage lender or residential mortgage loan servicer. (

e) Any person who knowingly violates subdivision (a), including, but not limited to, any residential mortgage lender or residential mortgage loan servicer who permits an ownership interest in or other participation in the business of a residential mortgage lender or residential mortgage loan servicer in violation of subdivision (

a) shall, upon conviction, be subject to punishment as set forth in

Section 50500. (

f) Nothing in this

section shall be construed to permit the reinstatement of any person barred by the commissioner pursuant to

Section nor to prohibit the commissioner from bringing any action pursuant to

Section 50320. (

g) If any provision of this

section or the application of this

section to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of this

section that can be given effect without the invalid provision or application, and to this end the provisions of this

section are severable. (

h) For purposes of this section, the term “employee” means (1) a mortgage loan originator, including a loan officer or other individual who negotiates agreements with the public, or (2) an individual with access to or responsibility for trust funds held by the licensee.