In today’s society, it pays to perform background checks to ensure that one is safe from harm. Employers require applicants to present background checks and might do so to ensure that they are hiring people who are clean and have no records making them harmful for the working environment. This prevents individuals who have previous arrest records against them from being hired. Although California Arrest Records are restricted, there are some instances of the cases, which will be set for public records. For those who were arrested but never convicted, they have the option to have the records removed from public records. |
Under the Penal Code 851.8 of California, any person who has arrest records can have their files sealed and destroyed if there were no convictions made. The person should file a petition to the law agency that made the arrest or has jurisdiction over the case. The petitioner should prove that they are factually innocent of the case. Once the law office determines that the petitioner is factually innocent, they would send or inform the other law enforcement agencies as well as the DOJ of the outcome and would request the sealing and destruction of their own copies of the report.
Some delays may occur in the processing; however, petitioners should follow up with the local law enforcement agency that has jurisdiction of the case, as under the Penal Code, should the law agency fail to respond within sixty days of receipt of the petition, the petition is deemed as denied.
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.
Note that not all cases will be “sealed and destroyed” by the court order, as the order will only apply to the case petitioned. For the petitioner to be eligible for the sealing and destruction of records he/she must - (a.) have not been charged with any case (b.) have the case dismissed and (c.) have a case filed but dismissed by jury trial. Note that petitioners convicted of any crime are not eligible for the “sealed and destroyed” as indicated in the Penal Code.
For petitioners who are looking for jobs, it is important that they access their criminal records ca and try to clean their records so that it would be easier for them to find employment. Although criminal cases are restricted, public search companies might have data or records, which can prove disadvantageous to them. To ensure that one has no records, they can carry out an online background check on themselves. Employers can also perform background checks from free online sites to help them find the right employees for their company.
For more on Public Government Resources such as California Arrest Records, visit this site at Free Arrest Records Online.
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