Monday 24 March 2014

Criminal Records California Updated Database Available Online

By Ben Kingsley


Background checks are required by some individuals for purposes such as but not limited to: (a) immigration or visa processing, (b) licensing, (c) certification and (d) gain employment. The background check ensures that the individual is not facing any arrest or have been arrested before. Although the state requires employers not to prejudice against one who has criminal records, it still pays to check someone. In the State of California criminal records access is restricted to the authorized agencies and to law enforcement. However, background check on oneself is allowed.

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 processing fee of $25 is mandatory though the operators can also charge certain fees from the applicants. The fees are used to cover the rolling of the fingerprint image only. Agencies that are tagged with the "BNR" code will only process agency applicants so it is important to check the fingerprint agency before heading in. Applicants should present a valid ID with photo for their application to be processed by the operators.

Once background checks are done, one would discover if they have a clean record or if they have records. As pursuant to the Penal Code 851.8, a Californian resident has the option to appeal for their records and have it sealed from the public. Those who are eligible are people who (1) were arrested but no criminal charges were filed; (2) those whose case were dismissed and (3) acquitted through jury trial. The court has the option to summon the petitioner to the court or not. Hearing procedure would last for 90 days though once the case is sealed, it is destroyed from the court and the law enforcement agency where the arrest was made.

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 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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1 comment:

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