In today's society, it pays to perform background checks to ensure that one is safe from harm. Employers require applicants to present background checks and might do so to ensure that they are hiring people who are clean and have no records making them harmful for the working environment. This prevents individuals who have previous arrest records against them from being hired. Although California criminal records are restricted, there are some instances of the cases, which will be set for public records. For those who were arrested but never convicted, they have the option to have the records removed from public records.
Under the Penal Code 851.8 of California, any person who has arrest records can have their files sealed and destroyed if there were no convictions made. The person should file a petition to the law agency that made the arrest or has jurisdiction over the case. The petitioner should prove that they are factually innocent of the case. Once the law office determines that the petitioner is factually innocent, they would send or inform the other law enforcement agencies as well as the DOJ of the outcome and would request the sealing and destruction of their own copies of the report.
Should the law enforcement fail to response within sixty days of receipt of the petition, under the Penal Code, the petition is understood as denied. Petitioners should make a follow up of their petition to ensure that their case would be reviewed by the law agency.
Should the petition be denied the petitioner has another option open for them as they can file for a request from the higher court that has jurisdiction over the territory. The higher court will then summon the parties for a hearing, which will commence ten days after the receipt of such by the law enforcement agency. The petitioner should prove to the court that he/she is innocent of the crime by presenting evidence that supports their claim. Once the court decides for the petitioner, it will send an order to all concerned law agencies and to the Department of Justice to destroy all records pertaining to the arrest.
Before filing for a petition, the petitioner must be eligible for the sealing. To be eligible for the sealing, the case must fall under the following situations - (1) the person was arrested by the law agency, however the prosecutor never filed any charges against them, (2) the case filed against them was dismissed and (3) the case was dismissed by a jury under a trial. Petitioners who are convicted of the case are not eligible to have the records sealed and destroyed.
To determine whether one has criminal records ca, doing a background check on oneself can help one learn about the arrest records filed against them. There are several public record search companies available online which offer this service free that one can avail.
Under the Penal Code 851.8 of California, any person who has arrest records can have their files sealed and destroyed if there were no convictions made. The person should file a petition to the law agency that made the arrest or has jurisdiction over the case. The petitioner should prove that they are factually innocent of the case. Once the law office determines that the petitioner is factually innocent, they would send or inform the other law enforcement agencies as well as the DOJ of the outcome and would request the sealing and destruction of their own copies of the report.
Should the law enforcement fail to response within sixty days of receipt of the petition, under the Penal Code, the petition is understood as denied. Petitioners should make a follow up of their petition to ensure that their case would be reviewed by the law agency.
Should the petition be denied the petitioner has another option open for them as they can file for a request from the higher court that has jurisdiction over the territory. The higher court will then summon the parties for a hearing, which will commence ten days after the receipt of such by the law enforcement agency. The petitioner should prove to the court that he/she is innocent of the crime by presenting evidence that supports their claim. Once the court decides for the petitioner, it will send an order to all concerned law agencies and to the Department of Justice to destroy all records pertaining to the arrest.
Before filing for a petition, the petitioner must be eligible for the sealing. To be eligible for the sealing, the case must fall under the following situations - (1) the person was arrested by the law agency, however the prosecutor never filed any charges against them, (2) the case filed against them was dismissed and (3) the case was dismissed by a jury under a trial. Petitioners who are convicted of the case are not eligible to have the records sealed and destroyed.
To determine whether one has criminal records ca, doing a background check on oneself can help one learn about the arrest records filed against them. There are several public record search companies available online which offer this service free that one can avail.
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