BCIA 8706 – Claim for Alleged Inaccuracy or Incompleteness

Jurisdiction: Country: United States | Province or State: California

What is a BCIA 8706 – Claim for Alleged Inaccuracy or Incompleteness?

The BCIA 8706 is a California Department of Justice form. You use it to challenge errors on your California criminal history record. BCIA stands for Bureau of Criminal Information and Analysis. That unit maintains California’s state summary criminal history system. You may know this record as your “RAP sheet.”

This form is not a job application or court motion. It is a formal claim you file with the state record keeper. You use it to point out what is wrong or missing in your record. You also show what the correct information should be. You support your claim with official documents. The DOJ then verifies and updates the record if your claim is right.

Who typically uses this form?

Individuals who checked their California DOJ record and saw a problem. That includes people applying for jobs, licenses, immigration benefits, or housing that require background checks. It also includes people who cleared or reduced a case, but the record does not show it yet. Attorneys and authorized representatives also use it on a client’s behalf. Law enforcement or courts do not use this form to update their own systems. It is designed for the subject of the record.

You would need this form if your California criminal history has an error. Common issues include a missing case disposition, the wrong charge level, or an arrest that is not yours. You might also see duplicate entries, a dismissed case listed as a conviction, or a conviction that was later reduced or dismissed but still shows the old status. If a court granted relief, but your record does not reflect it, this is the tool to fix that.

Typical usage scenarios

• You may be a nurse renewing a license when a board asks for clarification.
• You may be a teacher, contractor, security guard, or caregiver completing a background check. You may be applying for immigration relief and need an accurate history.
• You may have been a victim of identity theft.
• You may be a veteran or returning citizen who obtained a dismissal or reduction and want your record to show it.
• You may be preparing to seal or expunge records and want to confirm what the DOJ shows first.

In each case, the form helps you correct the official state record that many agencies rely on.

One key point: this form corrects inaccuracies. It does not request new relief. If you want to dismiss, reduce, seal, or expunge a case, you must obtain a court order first. Once you have that order, you use the BCIA 8706 to update the DOJ record so it matches the court’s action.

When Would You Use a BCIA 8706 – Claim for Alleged Inaccuracy or Incompleteness?

You use this form after you review your California criminal history and find an issue. Start with your own record. If you have never reviewed it, request it through the DOJ record review process first. That report gives you your California Identification Index (CII) number and the exact entries you need to reference. Once you have the report, compare it to your court documents.

Suppose the DOJ record shows an arrest but no court outcome. You went to court and the case was dismissed, but the DOJ entry still reads “no disposition reported.” That gap can derail an employment screen. You would file a BCIA 8706, attach the court minute order, and ask the DOJ to add the dismissal.

Consider a conviction that was later reduced from a felony to a misdemeanor. The court granted the reduction, but the DOJ still lists a felony. That can block licensing. You would submit the form with the reduction order so the entry shows the correct level.

Mistaken identity is another example. Maybe the record lists an arrest in a county where you have never been. Or your name matches a relative’s case. You would point out the wrong entry, include proof such as a sheriff’s letter or court record, and ask for removal of the misattributed event.

You might also use the form if a court granted a dismissal after probation, but the record still shows a conviction. Or if a case number and charge code do not match the court minutes. Or if a diversion completion is missing. Or if a sentencing detail is wrong, such as the statute section or disposition date.

Typical users

• Job seekers
• Licensed professionals
• Students in credential programs
• Small business owners seeking permits
• Individuals applying for housing
• Parents who volunteer at schools
• People seeking immigration benefits often need clean documentation.

Anyone who has completed post-conviction relief will want the DOJ record to reflect it. Public defenders, private defense counsel, legal aid clinics, and reentry organizations often assist clients with this process.

In short, use the form when your California DOJ record is inaccurate or incomplete. Do not rely on a third-party report alone. Fixing the state record usually resolves downstream background checks that source data from the DOJ.

Legal Characteristics of the BCIA 8706 – Claim for Alleged Inaccuracy or Incompleteness

The BCIA 8706 is a formal administrative claim. It is not a contract. It does not bind you to terms like an agreement would. Instead, it triggers a legal duty on the part of the record custodian. California law gives you the right to review and challenge your state criminal history. The DOJ must investigate your claim and correct verified errors. That is why the process has teeth.

What ensures enforceability?

The statutory framework behind criminal history records. The DOJ maintains the California Identification Index, which relies on fingerprint-based identification. When you submit a claim that identifies the record entries at issue, the DOJ contacts the contributing agency and the court, reconciles the data, and updates the entry if the evidence supports your position. The DOJ will not change an entry based on a mere assertion. It requires official documentation or confirmation from the source agency. That quality check protects both you and the integrity of the record.

The form includes your identification data and a signed declaration. You attest that your statements are true. False statements can have consequences. Your signature also authorizes the DOJ to use the information to investigate your claim. Because the system is fingerprint-based, the CII number or other identifiers you provide link your claim to the correct record.

There are practical legal considerations. First, you must anchor your claim in documents the DOJ can rely on. Certified court minute orders, docket abstracts, dismissal orders, reduction orders, or agency letters carry weight. Unverified online summaries or printouts from unofficial sources are weak. Second, this process fixes errors but does not hide valid records. If the record is accurate, the DOJ will not remove it. If you want relief such as dismissal or sealing, you must obtain a court order first and then use this form to update the DOJ record.

There are privacy considerations as well. Your claim includes personal information. Handle the form and attachments with care. Keep copies. Use secure mailing methods as directed on the form. If an attorney or representative files for you, provide a signed authorization so the DOJ can communicate with them about your case.

If the DOJ denies a requested change, you are not at a dead end. You can review the denial reason, gather stronger proof, and resubmit. You can also ask the contributing court or agency to correct their report to the DOJ and then refile. In some cases, you may pursue court relief or other remedies to obtain the order needed to change the record. The claim process is part of a larger system. It works best when your paperwork is complete and precise.

How to Fill Out a BCIA 8706 – Claim for Alleged Inaccuracy or Incompleteness

Follow these steps to complete the form accurately and avoid delays. The sections below mirror the typical structure of the form: identification, claim details, evidence, and signature.

1) Get your California DOJ criminal history first.

You need the exact entries you are challenging. Request your own record through the DOJ’s record review process. When you receive your report, note your California Identification Index (CII) number. Identify every event you want to correct. Look for dates of arrest, arresting agency, court case number, charges, and dispositions. This prevents guesswork and ensures you cite the correct items.

2) Gather your supporting documents.

Collect official records that prove your claim. Prioritize certified court minutes and orders. Useful items include:

• Dismissal or acquittal minute orders.
• Reduction orders for felonies to misdemeanors.
• Diversion completion orders.
• Post-conviction relief orders granting dismissal after probation.
• Sealing or factual innocence orders, if granted.
• Agency letters confirming mistaken identity or correction.
• Docket abstracts or register of actions that show the disposition.

Make sure the documents are legible and complete. If you have multiple pages, keep them in order. If you can, label them “Exhibit A,” “Exhibit B,” and so on.

3) Complete your identification information.

Enter your full legal name exactly as it appears on your record review response. List any known aliases. Provide your date of birth. Include your CII number from the DOJ report. Add your current mailing address, phone, and email. If the form asks for your driver’s license or last four digits of your Social Security number, include them. Accuracy here helps the DOJ find the correct record and reach you with questions.

If an attorney or representative is submitting the claim, include their name, firm, address, phone, and email. Attach a signed authorization that allows the DOJ to communicate with your representative about your claim.

4) Identify each entry you are challenging.

Most claims are stronger when you address each problem separately. For each entry, include:

• Date of arrest or court event as shown on the DOJ record.
• Arresting agency name and case number if listed.
• Court name and case number.
• Charges listed on the DOJ record and the correct charge or statute section if different.
• The disposition shown on the DOJ record and the correct disposition if different.
• The disposition date that should appear.

Use precise language. For example: “The DOJ record lists Case No. 18CR01234 as a felony conviction under Penal Code 459. On 6/15/2020, the court reduced the offense to a misdemeanor under Penal Code §17(b). See Exhibit A, certified minute order.”

If an entry does not belong to you, say so plainly. Explain why. For example: “The DOJ record lists an arrest on 4/2/2019 by XYZ Police Department, Agency Case No. 19-12345. I have never resided in that county and did not use the alias shown. See Exhibit B, letter from XYZ PD confirming mistaken identity.”

5) Explain the inaccuracy or incompleteness clearly.

Write a short, direct explanation for each issue. State what is wrong. State what the correct information is. Reference your supporting exhibits. Avoid long narratives. The reviewer needs to see a tight link between the DOJ entry and your proof.

Helpful templates:

• “Missing disposition: Case No. 17CR56789 was dismissed under Penal Code §1385 on 8/1/2018. The DOJ entry shows no disposition. Add ‘Dismissed per court order dated 8/1/2018.’ See Exhibit C.”
• “Wrong level: Conviction for Health & Safety Code §11377(a) was reduced to a misdemeanor on 3/10/2021. DOJ still lists felony. Update level to ‘misdemeanor.’ See Exhibit D.”
• “Not my arrest: Entry dated 5/5/2016 with Agency ORI CA0123456 is not mine. DOJ fingerprints do not match. Remove the event. See Exhibit E.”

6) Attach your evidence and organize it.

Include certified court documents when available. If you only have online printouts, attach them but try to obtain certified copies as well. Put your exhibits in the same order you reference them. On the form, note the exhibit labels next to each claim. If a document covers multiple claims, say so. Do not send originals you cannot replace unless the form instructions ask for them.

7) Complete any form checkboxes and declarations.

The form may include checkboxes for the type of error. Select all that apply, such as “incorrect charge,” “missing disposition,” or “not my record.” It will include a declaration under penalty of perjury. Read it and sign. Your signature confirms the truth of your statements and authorizes the DOJ to process the claim.

8) Review for completeness and consistency.

Cross-check all dates, case numbers, and names. Ensure your identification data matches your record review. Confirm that each claim points to a specific entry and cites an exhibit. Make sure your contact information is current. If you used a representative, confirm the authorization is signed and included.

9) Submit the form as instructed on the document.

Follow the submission method listed on the form. Many claims are submitted by mail to the DOJ’s Record Review Unit. Use a secure mailing method and keep the tracking number. Include copies of your exhibits. Keep a full copy of the packet for your records. If the form allows electronic submission, follow the stated file format and size limits.

10) Track your claim and respond to requests.

You may receive a confirmation or a request for more information. Respond promptly and completely. If the DOJ asks for a certified minute order or a clearer copy, provide it. Delays often happen when documents are missing or illegible.

11) Review the outcome and verify the update.

If the DOJ agrees with your claim, they will update the California Identification Index and notify the contributing agency as needed. You can request an updated copy of your DOJ record to confirm the change. If any entry remains wrong, identify what is still missing and consider a follow-up claim with additional proof.

12) If denied, plan your next step.

Read the denial reason carefully. The DOJ may need a certified order that you did not include. Or the contributing agency may have reported different data. You can obtain the needed document and resubmit. If the source data is wrong, contact the court clerk or the agency to correct their records so that DOJ receives accurate information, then refile.

Common mistakes to avoid:

• Filing without reviewing your DOJ record first.
• Failing to include the CII number or correct case numbers.
• Submitting only personal statements without official proof.
• Sending unreadable copies or missing pages.
• Bundling many issues into one vague request instead of itemizing them.
• Asking the DOJ to grant new legal relief rather than correct the record.

Practical examples of strong claims:

• You completed diversion and the court dismissed the case. Your DOJ record shows “no disposition.” Attach the diversion completion and dismissal minute order. Ask DOJ to add “dismissed” with the correct date.
• You obtained a felony-to-misdemeanor reduction. Your DOJ record still shows a felony. Attach the reduction order. Ask DOJ to change the level to misdemeanor.
• You secured a dismissal after probation. Your DOJ record still shows a conviction. Attach the dismissal order. Ask DOJ to update to “dismissed per order dated [date].”
• Your record includes an arrest you never had. Attach a letter from the arresting agency or court confirming the mistake. Ask DOJ to remove the event.

Final checklist before sending:

• Your contact data and CII number are present.
• Each claim identifies a specific DOJ entry.
• Each claim is supported by at least one official document.
• Exhibits are labeled and referenced in the explanation.
• The declaration is signed and dated.
• The packet matches the submission instructions on the form.

If you work with an attorney or legal aid, share your DOJ record and all court documents up front. That saves time and prevents incomplete filings. If you handle it yourself, stay organized. Keep your explanations short and your evidence strong. The clearer your packet, the faster the DOJ can confirm and correct your record.

Remember the goal. You want your California DOJ criminal history to match accurate, official court outcomes. The BCIA 8706 gives you a direct path to fix errors and close gaps. Use it to present precise requests supported by reliable documents. That approach reduces delays, resolves background check issues, and helps you move forward with confidence.

Legal Terms You Might Encounter

• BCIA. This is the state unit that maintains criminal history records and processes your correction claim. When you submit BCIA 8706, you are asking this unit to correct or complete your record.
• Subject of record. This means you—the person whose criminal history is at issue. On BCIA 8706, you confirm you are the subject and provide your identifying details.
• Criminal history record. This is the state summary of your arrests, charges, and outcomes. BCIA 8706 targets specific entries in that record you believe are wrong or incomplete.
• CII number. This is your California Identification Index number. It links your fingerprints to your record. If you have it, include it on BCIA 8706 to help locate the exact entries.
• Arresting agency. This is the law enforcement department that arrested you. On BCIA 8706, you name the agency tied to the entry you are disputing, if known.
• Disposition. This is the final result of a case, like dismissed, acquitted, reduced, or convicted. BCIA 8706 often seeks to update a missing or incorrect disposition.
• Sealed or dismissed record. A sealed case is restricted from public view. A dismissed case (often after a plea or program) has been thrown out. Use BCIA 8706 to reflect an accurate sealed or dismissed status that does not appear on your state record.
• Expungement. In California, this is often a dismissal after probation under a specific statute. It clears the conviction for many purposes but does not erase the event. If your record fails to show a dismissal, BCIA 8706 is the form to request a correction.
• Supporting documentation. These are the papers that prove your claim, like a court minute order or docket printout. With BCIA 8706, attach copies that show the correct disposition, date, or identity.
• Declaration under penalty of perjury. This is your signed promise that your statements are true. BCIA 8706 includes this declaration. False statements can lead to penalties.
• Primary source verification. BCIA will check with the court or agency that created the record. Your BCIA 8706 helps direct that check by pointing to the exact entry and providing proof.
• Record review. This is your right to see and challenge your own criminal history. BCIA 8706 is the challenge step after you review your record and find a problem.

FAQs

Do you need a copy of your record before filing BCIA 8706?

Yes. You should review your state criminal history first. You can only correct entries you can identify. Get the summary, mark the error, and then complete BCIA 8706.

Do you have to list every error on one form?

You can include multiple related entries on one form if they belong to your record. Use clear item numbers and attach proof for each entry. If the errors involve different cases or agencies, separate forms may be easier to track.

Do you need fingerprints to submit BCIA 8706?

Not for the claim itself. The form relies on your identity information and record copies. If BCIA cannot confirm your identity, they may ask for a fingerprint-based check. Include your CII number if you have it to avoid delays.

Do you need certified court documents?

Certified orders help, but clear copies often work. Provide court minute orders, docket printouts, or disposition sheets that show the case number, charge, date, and outcome. The more precise your proof, the faster the review.

Do you file BCIA 8706 online?

You generally mail the signed form and copies as instructed on the form. Follow the mailing directions on BCIA 8706. Keep your own complete copy and mailing proof.

Do you need to notify the arresting agency or the court yourself?

No. BCIA will verify with the source agencies. If you have a contact or a clerk’s letter that confirms the fix, include it. You do not need to run parallel requests unless the form instructions say so.

Do you have to pay a fee?

There is no fee for submitting the claim. You may pay to obtain court copies if you do not already have them. Keep your receipts for your records.

Do you get a decision quickly?

Processing can take weeks. Complex cases can take longer. You may receive requests for more information. Respond quickly with specific documents to keep the review moving.

Do you need to use legal terms on the form?

Plain language is better. State what is wrong, what it should say, and why. Cite the case number, arrest date, and outcome. Attach proof that supports your statement.

Do you need a lawyer to use BCIA 8706?

No. The form is designed for you to file on your own. If your record spans multiple cases or you face ongoing harm, consider professional help. The form still requires your signature.

Do you need to submit original documents?

No. Send clear copies unless instructed otherwise. Keep the originals safe. Do not send irreplaceable papers.

Do you have to contact private background screeners?

After the correction, request a current copy of your state record to confirm the change. If a third party shows old data, provide them with the updated record and ask them to refresh. Keep proof of your request and their response.

Checklist: Before, During, and After the BCIA 8706

Before signing: Information and documents you need

• Your complete legal name and all prior names.
• Date of birth and a reliable mailing address.
• Your CII number, if known, from your record copy.
• A recent copy of your state criminal history summary.
• For each disputed entry: arrest date, agency, event number, case number.
• Court name and location for each case.
• Disposition documents: minute orders, docket printouts, or dismissal orders.
• Proof of identity documents, if requested in the instructions.
• A written summary of each error and the correct information.
• A highlighter or notes to mark the exact lines on your record copy.
• A cover page that lists all attachments with page numbers.
• Envelopes, postage, and a method to track your mailing.

During signing: Sections to verify

• Your personal information matches your record exactly, including prior names.
• The disputed entries are clearly identified by date, agency, and case number.
• You state the requested correction in clear, specific terms.
• Each claim ties to a document that proves the correction.
• Attachment labels match the claim numbers on the form.
• Your phone and email are current for follow-up questions.
• You have not left required fields blank.
• You dated and signed under penalty of perjury.
• All pages are legible and in the correct order.
• You kept copies of everything you plan to mail.

After signing: Filing, notifying, storing

• Mail the form to the address listed on BCIA 8706.
• Use a trackable method and keep the tracking number.
• Note the mailing date and set a reminder to check status.
• Store a complete copy set in a secure place.
• If you receive a follow-up letter, respond by the deadline.
• After the decision, request a fresh record to confirm the fix.
• If corrected, keep the updated record for your files.
• If not corrected, gather any missing proof for a resubmission or appeal route described in the response.

Common Mistakes to Avoid

• Don’t forget to tie each claim to a document. Consequence: Your claim stalls while the reviewer hunts for proof. Label each attachment with the case number and the specific correction.
• Don’t submit vague statements like “this is wrong.” Consequence: The reviewer cannot pinpoint the error. Identify the exact arrest date, charge, and disposition that need correction.
• Don’t mix different people’s records. Consequence: Your claim can be rejected for identity mismatch. Include your CII number if you have it, and ensure all entries belong to you.
• Don’t skip the signature and date. Consequence: Your claim is invalid and may get returned. Sign under penalty of perjury and date the form.
• Don’t assume dismissal equals removal. Consequence: The record may still show the arrest with a dismissal. Ask for the disposition to reflect “dismissed” or the proper legal outcome, supported by a court order.
• Don’t send originals unless instructed. Consequence: You could lose irreplaceable documents. Send clear, legible copies and keep the originals safe.
• Don’t ignore follow-up requests. Consequence: Your claim may be closed as incomplete. Reply by the deadline and reference the file number on all responses.

What to Do After Filling Out the Form

1. File the form by mail as instructed. Use tracking. If you can, add a short cover note that lists all items enclosed by page number. Keep a full copy of your packet.
2. Track your mailing and note the delivery date. Start a simple timeline. Record dates of any calls or letters you receive. File every notice with your packet copy.
3. Watch for a confirmation or a request for more information. Respond quickly and completely. If they ask for court documents, contact the clerk’s office and request what they describe. Include the case number and date of birth when you request records.
4. If you realize you missed a key document, prepare an amendment. Use the same case and entry references as your original claim. Label the new attachment clearly as a supplement. Mail the supplement with tracking and include your file number.
5. When you receive a decision, review it carefully. If the correction was made, request a current copy of your record to confirm. Compare line by line with your older version. Print and save both.
6. If the decision is partial or a correction was declined, read the reason. It often points to missing or conflicting data. Close the gap with better documents—like a certified minute order, probation termination entry, or a docket that shows the final outcome. You can resubmit with a clear note referencing the earlier file.
7. If timing is urgent, prepare a short explanation you can share with employers or landlords while the correction is pending. Stick to facts. Do not share sensitive identifiers. Once the record updates, provide the updated state record.
8. If a private report still shows old data, send them a copy of the updated state record. Ask them to refresh from the primary source. Keep proof of your request and their response.
9. Maintain a personal audit trail. Keep the original packet, mailing receipts, follow-up letters, and final updates together. Store them with your vital records.
10. If you encounter repeated mismatches across agencies, consider a broader record review. Check that your name variations and date of birth are consistent. Future background checks will run smoother if you standardize your identifiers.
11. If you have several cases across different years, correct them in logical batches. Start with the oldest unresolved entries or the ones causing the most harm. Use separate packets if that keeps your documents organized.
12. Finally, set a calendar reminder for six months out. Pull a fresh copy of your record to confirm the corrections persisted and that no new errors appeared. Keep that copy with your final packet.