Lawmakers came to see that it made more sense to just automatically wipe those records clean, without petitions, hearings or deadlines. A bill to do that was signed into law last year. Now lawmakers have in front of them AB , which would automatically clear records of all low-level crimes for people who already are eligible for expungement under existing law.
The facts establishing eligibility would be determined by the attorney general and referred to the court for action.
California Laws on Employer Use of Arrest and Conviction Records
Its reach is modest. It would seal most records of low-level convictions and keep them out of the background checks that private companies provide for employers and landlords. Prosecutors and probation officers who object in the case of any particular offender could present their arguments in court and prevent sealing if the judge agrees. People who continue committing crimes would be ineligible. It would also seal records of arrests that were not followed by criminal proceedings or that resulted in diversion programs.
But police, prosecutors and courts, the FBI and the state Department of Justice would retain access to all rap sheets, including all expunged arrests and convictions. The bill continues the smart trend away from lifelong criminalization. For example, in recent years California finally got rid of the foolish, counterproductive rule that made people with criminal histories ineligible for food stamps and some other forms of public assistance.
By forcing some people who were returning from jail to keep living on the margins, it served only to promote recidivism. Many are eligible to clear their records. About Us. Brand Publishing. Times News Platforms. Real Estate.
Facebook Twitter Show more sharing options Share Close extra sharing options. Assemblyman Phil Ting D-San Francisco , right, has introduced a bill to automatically expunge records of lower-level crimes. Opinion Editorials. What do I do once I have the case number? What if I need a certified copy?
California's statewide ban-the-box law protects applicants with criminal records.
How much will the Clerk charge me? How do I get a copy of my local criminal history?
How do I get a copy of a police report after a traffic accident? How do I get a copy of a police report after a crime?lesspulosa.ml
California Background Check Laws | Nolo
Can I get a copy of the police report if I was not involved in the crime? Can I see or get a copy of any record from a criminal case? Not all documents in a court file are public. To see or copy public records, you must have the case number. There are three ways to get the case number: If the case was filed in or later, use the criminal case index search.
You can search for a case number using either the defendant's name and date of birth, or the defendant's name plus the month and year the case was filed. If the case was filed before , it will not be in the online index.
To search the microfiche, you will need the defendant's name, date of birth, and the year the case was filed. There is a fee for any record search that takes longer than ten minutes.
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Check for the search fee on the fee schedule.