A report created by police or other law enforcement officials following an arrest is known as a California arrest record. The record, which is made for arrests involving both misdemeanor and felony charges, is a criminal record.
Anyone can obtain access to arrest records by contacting the organization or court that has jurisdiction over the criminal case for which the arrest was made. Arrest records are regarded as public records. While those who have been arrested often request copies of their arrest records, employers may request copies as part of a criminal background check.
Be aware that California law gives those who were detained for a crime but were never found guilty the ability to have their arrest records sealed and deleted. Section 851.87 PC of the California Penal Code contains this law. An arrestee must submit a petition to seal an arrest as soon as the prosecution is unable to file or refile charges in order to have their arrest record sealed and erased.
Read on to learn answers to some of the most common questions about California arrest records. If you need help with an expungement or having your arrest record sealed, contact Chambers Law Firm at 714-760-4088 for a free legal consultation.
How Are Arrest Records Accessible to the Public?
In the State of California, arrest records are public information. According to California law, those who were arrested for a crime have the right to look them up or gain access to them. This privilege is granted by the California Constitution, as well as the Public Records Act.
The law enforcement agency that made the arrest often maintains and keeps records of the arrests. This comprises police divisions and sheriff’s departments in each county. They might also be stored by the courthouse in the area where the arrest was conducted.
By getting in touch with the relevant department or agency that made the arrest, people can see their arrest records. If not available, they should get in touch with the court that had jurisdiction over the criminal or civil proceedings related to the arrest. Keep in mind that these organizations might provide arrest records on their official websites.
How Do I Get a Copy of My Arrest Record?
A copy of an individual’s arrest record normally costs money, and in order to check it up, a person may need to submit the following information: their name, date of birth, the California Criminal Code section they violated, and a case number (if available). A third-party record collection company or website can be used by people to access their records.
Who Else Can See My Arrest Record?
The person who was arrested frequently requests or obtains arrest records. Employers and unaffiliated third parties who conduct background checks are the two other principal parties who might decide to access them.
When an employer or other business requests information about a person’s past, this is known as a background check. This covers a person’s past criminal activity. An employer has two options for running a background check – either independently or through the employment of a third party.
A background check may reveal a variety of personal details. They consist of past convictions for crimes (including misdemeanor and felonies) going back seven years from the check date, bad credit report information, workers’ compensation information, schools a person attended (and the years of attendance), bad housing history like prior evictions, and military information (e.g., dates of service, ranks held, assignments, and awards).
It is against the law for an employer or business to learn about someone’s criminal history for a conviction that occurred more than seven years before the check, a conviction for which the person checked received a pardon, an arrest that resulted in the successful completion of a diversion program, an arrest that resulted in an expunged or sealed conviction, and certain marijuana offenses.
If you have an arrest record and believe it should be sealed, an expungement could be your best option. Contact Chambers Law Firm at 714-760-4088 for a free legal consultation to learn more.
