Thursday, August 8, 2013

California Public Criminal Records

By Claire Dowell


Whether the purpose would be for employment, immigration or visa, and certification or for licensing, background check is one sure way to identify one's history. In California criminal records are restricted by the Department of Justice so the files are only available to law enforcement and authorized agencies. Although there is a restriction imposed, one can access their own personal criminal record; all they have to do is to request for it.

If you are a resident of California but lives out of state, you can submit a manual fingerprint card to the Record Review Unit of the Department of Justice (DOJ). Download the instruction guide "State Summary Criminal Record" and follow the guide thoroughly. It is important that you complete the application form and head over to the nearest authorized agency for fingerprint scan. Once you get the required documents, send in your payment together with your application form to the DOJ Record Review Unit for processing. Residents can download the instruction guide "Live Scan Form" and fill up the application form. They can then proceed to the nearest fingerprinting agency in their district which can be the nearest police department or the sheriff's office and have their fingerprints taken.

A processing fee of $25 is required for payment by the Department of Justice and the FBI. Additional fees may be charged by the operator to serve as rolling fees. You can check out the location with fingerprinting services, fees charged as well as other information in the state's official website. Locations tagged with BNR are exclusive for applicants with agency numbers and collect rolling fees only. Applicants should bring in a valid ID to identify themselves to the Live Scan operator.

Once background checks are done, one would discover if they have a clean record or if they have records. As pursuant to the Penal Code 851.8, a Californian resident has the option to appeal for their records and have it sealed from the public. Those who are eligible are people who (1) were arrested but no criminal charges were filed; (2) those whose case were dismissed and (3) acquitted through jury trial. The court has the option to summon the petitioner to the court or not. Hearing procedure would last for 90 days though once the case is sealed, it is destroyed from the court and the law enforcement agency where the arrest was made.

Convicted individuals can also expunge their arrest records to make a clean start. Those who are eligible include - (a) individuals who have completed their probation successfully; and (b) are convicted of misdemeanour or felony offense as indicated in the California Penal Code 1203.4. Gaining an expungement is beneficial, as this would help one start a new life. The expungement allows individuals to gain their state professional license as well as gain employment without prejudice.

If you are looking for information only, numerous online sites offer free background checks or upon payment of a small fee access to the full information. You can check whether the person has any past arrest records or other records that might hamper their work.




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