Sunday, March 23, 2014

Criminal Records California Updated Database Available Online

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 Californian residents who are out of state they can submit manual fingerprint cards to the Record Review Unit for personal background checks. The first thing one would do is to download the State Summary Criminal Record and follow the instructions. Completely fill in the details and find a local authorized fingerprint agency. Cheques and/or money orders are accepted. Mail the application form together with the payment to the California Department of JusticeRecord Review Unit. For California residents, one should download the Live Scan Form application in the government's official website. The form is in PDF format and includes instructions on how to process your application form. Fill in the details completely and go to the nearest local police department authorized agencies for fingerprint scanning.

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, whichthey 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.

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.

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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