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Ordering and Correcting Your Criminal History

In California, the Department of Justice ("DOJ") handles criminal history information. You may order your criminal history from the Office of the Attorney General. An application may be obtained from local police and sheriff departments as well as the DOJ. The application must be accompanied by a fee not to exceed $25.

If the criminal record contains inaccuracies or problems, PC s. 11126 permits the subject to submit a written request detaling the inaccuracy or incompleteness and its materiality (reason why it is important enough to need to be corrected). The DOJ requires that applicants use its Form BCIA 8706 along with any supporting documentation to challenge the accuracy of or completeness to the criminal record. The DOj must review the record to determine if the record reflects the source document, e.g. information set forth in the original provided by the court or police agency. If not, the DOJ must forward the request to the person or agency that furnished the questioned information. This person or agency then has about 30 days from receipt of it to respond. If the person or agency agrees with the subject's claim of inaccuracy or incompleteness, the DOJ must correct its records and notify the applicant within 30 days. The DOJ and person or agency must also notify any persons that may have received the inaccurate or incomplete record within the preceding 90 days of the correction. The DOJ webpage pertaining to criminal records is http://oag.ca.gov/fingerprints/security.

If, however, the agency denies the applicant's allegations or inaccuracy or incompleteness, the matter will be referred for administrative adjudication (an administrative hearing) for a determination of whether the inaccuracy or incompleteness exists. The DOJ becomes the Respondent and the applicant is the Petitioner in that hearing. If the inaccuracy or incompleteness is found, the DOJ is ordered to correct it.

The procedures above should bring any criminal history issues to complete resolution.

Categories: Criminal Defense

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Taub & Taub, P.C. - Sherman Oaks Criminal Defense Lawyer
Located at 15260 Ventura Boulevard, Suite 840, Sherman Oaks, CA 91403.
Phone: (818) 839-2415.
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