California Public Criminal Records

By Claire Dowell


There are many reasons why one would want to do a background check on a person or of oneself. Immigration processing or visa application for one needs a verification or background check to determine the person's history. In licensing and certification, one also needs to present a background check. In most cases, background checks are done to determine the applicant's eligibility for employment. Although this might sound unfair, it is quite logical especially if the employer does not want any trouble. The State of California criminal records though are restricted so one needs to be in the law enforcement or one of the authorized agencies to access it. However, doing a personal background check is allowed by the State.

For people who are residents of California but live in other states, they can obtain their background checks by sending a mail application form to the Record Review Unit. The form "State Summary Criminal Record" is available from the official website of the DOJ. Once the form is completely filled up, the applicants will have to head to the nearest fingerprint agency to have their fingerprint scanned. Once done, they can then proceed to mail the application form and processing fee to the Records unit. Residents who live in California however should download the "Live Scan Form". Completely fill in the details and head over to the local fingerprint authorized agencies, which can be the sheriff's office or the police department.

The Department of Justice (DOJ) and Federal Bureau of Investigation (FBI) require a processing fee of $25 for each transaction. Other fees included are rolling fees that the local operator might charge for the fingerprint scan. As each fingerprint agency charges differently, applicants might want to check and get in touch with the nearest fingerprint agency and ask for the added fees. Fingerprint agencies tagged with BNR will only process applicants under agencies so it is important to ask this to save you time. The operator also requires the applicants to bring a valid identification card with photo to identify applicants.

During background checks, one would find out if they have a clean record or if they still have a record, which they can request for "sealing". In California, residents have the option to seal or destroy criminal cases made against them. Those who are eligible under the Penal Code 851.8 include (a) people that were arrested but have their case dismissed (b) arrested but no criminal charges were filed and (c) acquitted by the California jury trial court. The sealing and destruction of the criminal records are on a case-to-case basis meaning that each motion is specific to a single arrest or case. Once the person is found to be eligible for the sealing, they may petition the law enforcement agency for relief or the court. Sealing of records can take up to three months and personal appearances are determined by the county where one resides.

Convicted individuals are also given fresh beginnings by the Californian law. Pursuant to the Penal Code 1203.4, expungement is given to those who are eligible under (1) those who have completed their probation or gained early probation and (2) those who are convicted of felony or misdemeanour. Expungement does not mean that the law would erase the arrest records; it only means that the convicted person has successfully completed the sentences and frees him up from other penalties or disabilities that hamper criminals. Expungement gives the convicted person the ability to gain their professional license as well as employment.

For those who want to check if their arrest records are sealed or do background checks, some online sites offer free online background checks. If you are looking for information, this is the most convenient way to do so.




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