Thursday 27 March 2014

Criminal Records California Updated Database Available Online

By Ben Kingsley


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.

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.

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.

In the event that one finds records in their file, they can request or petition the court to have the case sealed and destroyed. The petition, under the Penal Code 851.8 is valid if the applicant is eligible. Eligibility includes the following individuals but are not limited to - (a) people that were arrested but no criminal charges were filed by the prosecutors; (b) case dismissed and (c) acquitted. Although eligibility means one is entitled to have their cases sealed and destroyed, it is still up to the judge to decide whether the applicant is eligible or not. The petition is valid only for one case and will not apply to other cases that the applicant has in their record. Once the judge determines that the applicant is eligible, the case is sealed and destroyed from the court as well as in the records of the law enforcement that made the arrest.

Those who are convicted can also have their records expunged. Under the Penal Code 1203.4, the state will not clean the records but would affirm that the applicant has served the terms and conditions set forth in the conviction. The expungement would also allow the applicant to apply for state licensing and gain 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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