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.
For petitioners who have their request denied, they can file the petition with the higher court that has jurisdiction of the matter. The court will then send the petition request to the respective law agency to attend a hearing set by the court. The petitioner has the burden of proof in determining their innocence of the arrest. Should the court find that the petitioner is innocent of the arrest; the court would then order all the records to be destroyed. The court will also issue an order to the DOJ and other involved parties to seal and destroy their copies of the arrest. The court will give a copy of the order to the petitioner, which includes the court's decision.
Those who are looking to have their records sealed or destroyed should determine whether they are eligible to file for the destruction and sealing of their record. To be eligible, one must fall into one of the following categories: (a) petitioners who were arrested but no charges were brought forth, (b) the case was dismissed and (c) they were acquitted by a jury. For those who were convicted, they are not eligible to have their records sealed and destroy.
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.
For petitioners who have their request denied, they can file the petition with the higher court that has jurisdiction of the matter. The court will then send the petition request to the respective law agency to attend a hearing set by the court. The petitioner has the burden of proof in determining their innocence of the arrest. Should the court find that the petitioner is innocent of the arrest; the court would then order all the records to be destroyed. The court will also issue an order to the DOJ and other involved parties to seal and destroy their copies of the arrest. The court will give a copy of the order to the petitioner, which includes the court's decision.
Those who are looking to have their records sealed or destroyed should determine whether they are eligible to file for the destruction and sealing of their record. To be eligible, one must fall into one of the following categories: (a) petitioners who were arrested but no charges were brought forth, (b) the case was dismissed and (c) they were acquitted by a jury. For those who were convicted, they are not eligible to have their records sealed and destroy.
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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