Whether the purpose would be for employment, immigration or visa, and certification or for licensing, background check is one sure way to identify one's history. In California criminal records are restricted by the Department of Justice so the files are only available to law enforcement and authorized agencies. Although there is a restriction imposed, one can access their own personal criminal record; all they have to do is to request for it.
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.
A processing fee of $25 is required for payment by the Department of Justice and the FBI. Additional fees may be charged by the operator to serve as rolling fees. You can check out the location with fingerprinting services, fees charged as well as other information in the state's official website. Locations tagged with BNR are exclusive for applicants with agency numbers and collect rolling fees only. Applicants should bring in a valid ID to identify themselves to the Live Scan operator.
During background checks, one would find out if they have a clean record or if they still have a record, whichthey can request for "sealing". In California, residents have the option to seal or destroy criminal cases made against them. Those who are eligible under the Penal Code 851.8 include (a) people that were arrested but have their case dismissed (b) arrested but no criminal charges were filed and (c) acquitted by the California jury trial court. The sealing and destruction of the criminal records are on a case-to-case basis meaning that each motion is specific to a single arrest or case. Once the person is found to be eligible for the sealing, they may petition the law enforcement agency for relief or the court. Sealing of records can take up to three months and personal appearances are determined by the county where one resides.
Convicted individuals are also given fresh beginnings by the Californian law. Pursuant to the Penal Code 1203.4, expungement is given to those who are eligible under (1) those who have completed their probation or gained early probation and (2) those who are convicted of felony or misdemeanour. Expungement does not mean that the law would erase the arrest records; it only means that the convicted person has successfully completed the sentences and frees him up from other penalties or disabilities that hamper criminals. Expungement gives the convicted person the ability to gain their professional license as well as employment.
For those who want to check if their arrest records are sealed or do background checks, some online sites offer free online background checks. If you are looking for information, this is the most convenient way to do so.
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Saturday, March 22, 2014
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