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.
Individuals who have arrest records, under the Penal Code of California can file a petition to have the criminal records sealed and destroyed by petitioning the concerned law enforcement agency to seal the reports, records and other evidence pertaining to the arrest. The petitioner should provide proof that they are "factually innocent" of the charges brought against them. Once the law agency determines that the petitioner is "factually innocent", they would then proceed to inform the Department of Justice as well as other law enforcement agencies that are included with the arrest of the sealing and destroying of the records. The DOJ and the other agencies will have to destroy their copies of the arrest as well.
Should the law enforcement fail to response within sixty days of receipt of the petition, under the Penal Code, the petition is understood as denied. Petitioners should make a follow up of their petition to ensure that their case would be reviewed by the law agency.
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.
Individuals who have arrest records, under the Penal Code of California can file a petition to have the criminal records sealed and destroyed by petitioning the concerned law enforcement agency to seal the reports, records and other evidence pertaining to the arrest. The petitioner should provide proof that they are "factually innocent" of the charges brought against them. Once the law agency determines that the petitioner is "factually innocent", they would then proceed to inform the Department of Justice as well as other law enforcement agencies that are included with the arrest of the sealing and destroying of the records. The DOJ and the other agencies will have to destroy their copies of the arrest as well.
Should the law enforcement fail to response within sixty days of receipt of the petition, under the Penal Code, the petition is understood as denied. Petitioners should make a follow up of their petition to ensure that their case would be reviewed by the law agency.
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.
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