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 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.
Petitioners who have filed should make a follow up to the law enforcement agency that has jurisdiction over their case, as under the Penal Code, should the law enforcement agency fail to respond within 60 days upon the receipt of the petition, the petition is understood to be denied.
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.
Before filing for a petition, the petitioner must be eligible for the sealing. To be eligible for the sealing, the case must fall under the following situations - (1) the person was arrested by the law agency, however the prosecutor never filed any charges against them, (2) the case filed against them was dismissed and (3) the case was dismissed by a jury under a trial. Petitioners who are convicted of the case are not eligible to have the records sealed and destroyed.
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.
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.
Petitioners who have filed should make a follow up to the law enforcement agency that has jurisdiction over their case, as under the Penal Code, should the law enforcement agency fail to respond within 60 days upon the receipt of the petition, the petition is understood to be denied.
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.
Before filing for a petition, the petitioner must be eligible for the sealing. To be eligible for the sealing, the case must fall under the following situations - (1) the person was arrested by the law agency, however the prosecutor never filed any charges against them, (2) the case filed against them was dismissed and (3) the case was dismissed by a jury under a trial. Petitioners who are convicted of the case are not eligible to have the records sealed and destroyed.
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.
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