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.
There is recourse open for petitioners who have their petition denied; that is, they have the option to bring their case to the court that has territorial jurisdiction. The court will then hold a hearing 10 days after serving the petition to the law enforcement agency. For the court to declare that the petitioner is innocent, he/she must present evidence showing that there is no reasonable cause and that the petitioner is actually innocent in the arrest. Once the court has determined that the petitioner is factually innocent, the court will order the sealing and destruction of all arrest records. The court will also grant the petitioner a copy of the court order concerning its final decision.
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.
To determine whether one has criminal records ca, doing a background check on oneself can help one learn about the arrest records filed against them. There are several public record search companies available online which offer this service free that one can avail.
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.
There is recourse open for petitioners who have their petition denied; that is, they have the option to bring their case to the court that has territorial jurisdiction. The court will then hold a hearing 10 days after serving the petition to the law enforcement agency. For the court to declare that the petitioner is innocent, he/she must present evidence showing that there is no reasonable cause and that the petitioner is actually innocent in the arrest. Once the court has determined that the petitioner is factually innocent, the court will order the sealing and destruction of all arrest records. The court will also grant the petitioner a copy of the court order concerning its final decision.
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.
To determine whether one has criminal records ca, doing a background check on oneself can help one learn about the arrest records filed against them. There are several public record search companies available online which offer this service free that one can avail.
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Simple step by step guide to California Arrest Records Search. Conduct California Criminal Records Search in the convenience of your own home.
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