Frequently Asked Questions

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1. My employer is asking for a copy of my criminal history record. Can I give it to them?

   No. California Penal Code section 11142 prohibits you from giving you’re a copy of your criminal record to an unauthorized third party. In addition, California Penal Code section 11125 prohibits an individual or agency from requiring you to provide him/her or the agency with a copy of your criminal record or proof that a record does or does not exist. Violation of either of these sections is a misdemeanor offense.

2. What if the information on my record is incorrect?

   If you feel the information contained within your criminal history record is incorrect, you may submit a formal challenge to the Department of Justice only after you have received a copy of your record from the Department pursuant to California Penal Code sections 11120 – 11127. Bureau of Criminal Identification and Information (BCII) form 8706, “Claim of Inaccuracy or Incompleteness” will be mailed to you along with your record. Submit form 8706 and any supporting documentation to the Department of Justice to the address provided on the form. The challenge will be reviewed and a written response will be provided along with an amended copy of your criminal history record if appropriate.

3. How long will it take to receive a response?

   Normal processing time is 2-3 days however; some requests may take up to 2 weeks to process depending on the information contained within the record.

4. Can my request be expedited for an additional charge?

   No. Unfortunately at this time, the Department of Justice does not offer an expedited process.

5. How do I obtain certified copies of court documents?

   The Department of Justice does not maintain or provide certified copies of court documents. The Courts are the only institutions that can provide you with a certified copy of a court document. Please contact the Court with jurisdiction over your particular case(s) for certified documents.

6. How do I get arrests or court disposition information removed from my criminal history record?

   Arrest and court disposition information can only be modified or deleted by court order or at the direction of the arresting agency/district attorney having jurisdiction over the criminal matter. The Department of Justice is required to record summary arrest, detention, disposition, and personal identification information when submitted by a law enforcement agency or court of this state. The record retention policy of the Department is to maintain criminal history information until the subject of the record reaches 100 years of age.

7. Who do I call if I have additional questions regarding the Criminal Record Reviews process?

   Additional questions regarding the Record Review process can be directed to the Record Review and VISA/Immigration Unit at (916) 227-3835.