Many landowners, employers and business owners carry out background checks to ensure safety and security of their property. Background checks are important as it provides a relative wealth of information concerning the person as well as their history. However, background checks can be detrimental to a person who registers positive in California criminal records. Many individuals who were arrested but have the charges dropped find it difficult to look for work due to past arrest records. In California, persons who were arrested but have the case dismissed have the option to petition the law enforcement agency to have the records sealed or destroyed by the agency.
Under the California Penal Code section 851.8, which deals with the sealing and destruction of criminal records, the applicant may file a petition to the law enforcement agency who served the arrest to seal and destroy the records. Should the applicant be able to provide evidences or proofs that he/she is factually innocent; the law enforcement may seal and destroy the records within 3 years from the date of the arrest. The law office that has jurisdiction over the case will have to inform the DOJ as well as other law enforcement agencies who are involved of the approval. The DOJ and the other law enforcement agencies will then destroy their own copies of the arrest records.
Should the law enforcement fail to response within sixty days of receipt of the petition, under the Penal Code, the petition is understood as denied. Petitioners should make a follow up of their petition to ensure that their case would be reviewed by the law agency.
Should the petition be denied the petitioner has another option open for them as they can file for a request from the higher court that has jurisdiction over the territory. The higher court will then summon the parties for a hearing, which will commence ten days after the receipt of such by the law enforcement agency. The petitioner should prove to the court that he/she is innocent of the crime by presenting evidence that supports their claim. Once the court decides for the petitioner, it will send an order to all concerned law agencies and to the Department of Justice to destroy all records pertaining to the arrest.
Those who are looking to have their records sealed or destroyed should determine whether they are eligible to file for the destruction and sealing of their record. To be eligible, one must fall into one of the following categories: (a) petitioners who were arrested but no charges were brought forth, (b) the case was dismissed and (c) they were acquitted by a jury. For those who were convicted, they are not eligible to have their records sealed and destroy.
Access to criminal records ca are restricted, however, there are some companies who offer public search of arrest records that might come up with the person's name as well as arrest history. With that said, it is important to make a background check of oneself to know if there are existing records. One can do so online, which is a very convenient way.
Under the California Penal Code section 851.8, which deals with the sealing and destruction of criminal records, the applicant may file a petition to the law enforcement agency who served the arrest to seal and destroy the records. Should the applicant be able to provide evidences or proofs that he/she is factually innocent; the law enforcement may seal and destroy the records within 3 years from the date of the arrest. The law office that has jurisdiction over the case will have to inform the DOJ as well as other law enforcement agencies who are involved of the approval. The DOJ and the other law enforcement agencies will then destroy their own copies of the arrest records.
Should the law enforcement fail to response within sixty days of receipt of the petition, under the Penal Code, the petition is understood as denied. Petitioners should make a follow up of their petition to ensure that their case would be reviewed by the law agency.
Should the petition be denied the petitioner has another option open for them as they can file for a request from the higher court that has jurisdiction over the territory. The higher court will then summon the parties for a hearing, which will commence ten days after the receipt of such by the law enforcement agency. The petitioner should prove to the court that he/she is innocent of the crime by presenting evidence that supports their claim. Once the court decides for the petitioner, it will send an order to all concerned law agencies and to the Department of Justice to destroy all records pertaining to the arrest.
Those who are looking to have their records sealed or destroyed should determine whether they are eligible to file for the destruction and sealing of their record. To be eligible, one must fall into one of the following categories: (a) petitioners who were arrested but no charges were brought forth, (b) the case was dismissed and (c) they were acquitted by a jury. For those who were convicted, they are not eligible to have their records sealed and destroy.
Access to criminal records ca are restricted, however, there are some companies who offer public search of arrest records that might come up with the person's name as well as arrest history. With that said, it is important to make a background check of oneself to know if there are existing records. One can do so online, which is a very convenient way.
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