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California Free Public Criminal Records

By Ben Kingsley


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.

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.

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.

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 individuals or employers who want to do background checks, checking through online search companies is by far the best option especially if one wants to check whether an individual has any arrest records or criminal records that might affect their work.




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