Challenging California DOJ’s Criminal Records

Everyone in California has the right to review their criminal record, also known as a “RAP sheet,” to make sure it’s accurate and complete. This right is guaranteed under California Penal Code sections 11120 through 11127.

An incomplete or incorrect RAP sheet can cause serious problems for anyone, affecting everything from job opportunities to housing applications. Common errors include missing court decisions, arrests that aren’t yours, or outdated information. The California Department of Justice (DOJ) has a process in place for you to obtain, review, and formally challenge any mistakes you find.

This guide will walk you through that process step-by-step, explaining the forms you’ll need and what to expect along the way.

What is a RAP Sheet and How Do I Correct It?

Your RAP sheet, or Record of Arrest and Prosecution, is your official criminal history in California. Maintained by the California Department of Justice (DOJ), it lists identifying data, fingerprints, arrests, charges, and the outcomes of those cases as reported by law enforcement agencies across the state.

If you find an error, you have the right to challenge it. The laws and regulations governing this process are:

  • The Law: California Penal Code §§ 11120–11127.
  • The Agency in Charge: The California Department of Justice (DOJ), specifically the Bureau of Criminal Information and Analysis (BCIA).
  • The Department to Contact: The Record Review Unit is the specific division within the BCIA that handles these requests.

Key Forms You’ll Need:

To start the process, you’ll need one of the following forms to request a copy of your record:

  • For California Residents: BCIA 8016RR, Request for Live Scan Service. You’ll need to take this form to a Live Scan site to have your fingerprints taken electronically.
  • For Those Outside California: BCIA 8705, Application to Obtain Copy of State Summary Criminal History Record. This form is for individuals who need to submit traditional fingerprint cards by mail.

Once you receive your RAP sheet, if you find any errors, you will use this form to challenge them:

  • BCIA 8706, Claim of Alleged Inaccuracy or Incompleteness. This form will be sent to you along with your criminal record if there is information on it. You will fill this out detailing the error and provide any proof you have.

Nature of State Summary Criminal History Information

Your official criminal record in California is formally called the State Summary Criminal History Information, but it’s more commonly known as a “RAP sheet.” The California Department of Justice (DOJ) creates and maintains this file, compiling information from courts, police departments, and prosecutors across the state. This record is the primary source used for background checks by employers, state licensing boards, and other agencies.

Under California law, you have the right to get a copy of your record to make sure it’s accurate. Common mistakes that you can and should get corrected include:

  • Entries belonging to another person.
  • Incorrect dates or charges for an arrest.
  • Missing court outcomes, such as a dismissal or an acquittal.
  • Duplicate or outdated information.

Every arrest listed on your RAP sheet should be complete. If an arrest is listed without information on what happened in court (the “disposition”), the record is considered incomplete and must be corrected by the DOJ and the agency that reported it.

Challenging California DOJ’s Criminal Records (RAP Sheet)

How to Challenge an Error on Your Record

If you find a mistake on your RAP sheet, you must use Form BCIA 8706 – Claim of Alleged Inaccuracy or Incompleteness to challenge it. This form will be sent to you along with your record. On it, you will identify the specific error and provide any documentation you have to prove your claim.

There are two main reasons for a correction:

Inaccuracy: The information is factually wrong (e.g., the record lists the wrong charge or conviction date).

Incompleteness: Key information is missing. This is common when an arrest is listed, but the record fails to show that the prosecutor never filed charges, the case was dismissed, or you were found not guilty.

Fixing these errors is a critical part of your due process rights and helps ensure that a simple clerical mistake doesn’t negatively impact your life.

Fixing Mistakes vs. Clearing Your Record: What’s the Difference?

It’s important to understand that the DOJ’s correction process is only for fixing factual errors. Using Form BCIA 8706 is like correcting a typo—it ensures the information is accurate, but it doesn’t change the legal reality of an event. You cannot use this process to seal or remove a correct and complete entry from your record.

To change the legal status of an accurate record, you must go through a separate court process to seek what is known as “record relief.” The main types of relief include:

  • Dismissal of a Conviction (Penal Code § 1203.4): Often called an “expungement,” this process dismisses a conviction after you have successfully completed probation. While the conviction is not completely erased, it releases you from many penalties associated with it.
  • Sealing of Arrest Records (Penal Code § 851.91): This allows you to have records of an arrest sealed if it did not result in a conviction.
  • Certificate of Rehabilitation and Governor’s Pardon (Penal Code § 4852.01 et seq.): This is a more extensive process for those convicted of felonies who can demonstrate they have been rehabilitated.

What About California’s Automatic Record Sealing?

California has a “Clean Slate” law that requires the DOJ to automatically review its databases and grant relief for certain arrests and convictions without requiring a petition. Under Penal Code § 851.93, the DOJ conducts monthly reviews to identify records eligible for automatic sealing.

However, this automatic system isn’t perfect, and errors can still occur. You always have the right to challenge mistakes on your record yourself. If a court granted you a dismissal or sealed your arrest record but your RAP sheet doesn’t reflect that change, you can and should file Form BCIA 8706 with your court documents to force the DOJ to update its records.

Obtaining the Record Review (Prerequisite)

An individual must obtain an official copy of their State Summary Criminal History Record before filing Form BCIA 8706 (Claim of Alleged Inaccuracy or Incompleteness).
This preliminary step is a statutory requirement under California Penal Code § 11122. It ensures that any challenge is based on the most recent and verified data maintained by the Department of Justice (DOJ).
Without first completing this record review, the DOJ will not process a correction claim.

Mandatory Pre-Challenge Step and Limitations on Use

The DOJ limits access to criminal history information to authorized entities such as law enforcement and applicant agencies. The personal record review process described in Penal Code §§ 11120–11127 exists solely to allow individuals to confirm the accuracy and completeness of their own records.

Records obtained through this process are strictly confidential.
Under Penal Code §§ 11125, 11142, and 11143, individuals may not provide a copy of their RAP sheet to any third party or use it for employment, licensing, certification, immigration, or visa applications.
Using the record for an unauthorized purpose constitutes a misdemeanor offense.

This two-step structure—first obtaining the record, then filing a challenge—ensures that the DOJ only processes claims from individuals who have personally verified their current state-maintained record.

Procedure for California Residents – Live Scan Submission

California residents must use the Live Scan electronic fingerprinting system to request a copy of their record for review.

Required Form:
Applicants must complete Form BCIA 8016RR – Request for Live Scan Service (Record Review).
They must select “Record Review” as the Type of Application and enter “Record Review” as the Reason for Application. Other versions of the form (e.g., firearm-specific forms) do not apply to this process.

Fingerprinting and Submission:
Applicants must bring the completed BCIA 8016RR to an authorized Live Scan site. These sites include police departments, sheriff’s offices, and public Live Scan providers. The technician will capture the applicant’s fingerprints electronically and transmit them directly to the DOJ.

Fees:

  • The DOJ charges a $25 processing fee for record review requests.
  • Applicants may request a fee waiver by submitting proof of financial hardship at the time of application.
  • Live Scan operators charge an additional rolling fee, which varies by location.

Incomplete or inaccurate identifying information can delay or invalidate the request. Applicants should verify that their name, date of birth, and all identifying details are correct before submission.

Procedure for Out-of-State and International Applicants – Manual Fingerprint Submission

Applicants who live outside California or abroad must follow the manual fingerprint process using inked fingerprint cards.

Required Form and Fingerprint Card:

Applicants must complete Form BCIA 8705 – Application to Obtain Copy of State Summary Criminal History Record, and include a standard fingerprint card (FD-258).

The fingerprint card must display:

  • Rolled impressions of all ten fingers; and
  • Flat impressions of both hands.

Applicants should have their fingerprints taken by a local law enforcement agency or certified fingerprint technician.

Submission and Fees:

  • Include a $25 money order or certified check made payable to the California Department of Justice.
  • Place the completed BCIA 8705, fingerprint card, and payment in one packet.
  • Mail the packet to:
    California Department of Justice – Record Review Unit
    P.O. Box 903417
    Sacramento, CA 94203-4170

The DOJ processes most mailed applications within three to six weeks depending on fingerprint quality and mail delivery times.

Essential Forms for California DOJ Record Review and Challenge

Form Number Form Name / Purpose Applicant Requirement Submission Method
BCIA 8016RR Request for Live Scan Service (Record Review) Mandatory for California residents requesting their records Live Scan electronic submission
BCIA 8705 Application to Obtain a Copy of the State Summary Criminal History Record Mandatory for out-of-state or international applicants Manual submission with the FD-258 fingerprint card
BCIA 8706 Claim of Alleged Inaccuracy or Incompleteness Mandatory for individuals challenging inaccuracies after review Mail submission to the DOJ Record Review Unit

Initiating the BCIA 8706 Challenge

Once an individual receives their State Summary Criminal History Record from the California Department of Justice (DOJ), they may begin the formal challenge process if the record contains inaccurate or incomplete information.
Form BCIA 8706 – Claim of Alleged Inaccuracy or Incompleteness serves as the exclusive mechanism for this correction request under California Penal Code § 11126.
This phase converts the applicant’s factual findings from the record review into a structured evidentiary submission for DOJ verification.

Challenging California DOJ’s Criminal Records (RAP Sheet)

Accessing and Preparing Form BCIA 8706

The DOJ provides Form BCIA 8706 directly in the Record Review response package sent to the applicant. The form is not available for public download.
The DOJ includes it automatically when a record review reveals criminal history data that the individual may wish to challenge.

To prepare the form correctly, the applicant must:

  1. Identify each entry on the RAP sheet that appears inaccurate or incomplete.
  2. Provide a clear written explanation describing the specific error, including arrest dates, agency identifiers, and case numbers.
  3. Attach documentation that verifies the claim and supports the requested correction.

A strong BCIA 8706 submission relies on documented proof, not argument or interpretation. The DOJ evaluates the evidence as part of an administrative data verification process rather than a legal adjudication of guilt or innocence.

Applicants should submit certified supporting records whenever possible. Acceptable documentation includes:

  • Court minute orders or docket entries confirming dismissals or corrections;
  • Certified judgments of dismissal or expungement granted under Penal Code § 1203.4;
  • Certificates of factual innocence issued under Penal Code § 851.8;
  • Law-enforcement letters or reports confirming non-involvement or clerical error;
  • Any other official agency document that substantiates the inaccuracy or fills the missing information.

The DOJ generally denies challenges that lack certified or verifiable documentation. The applicant bears the burden of proof to show that the record contains a factual error or omission.

Submission Protocol and Required Documentation

Applicants must mail their completed BCIA 8706 form, a copy of the State Summary Criminal History Record received from the DOJ, and all supporting documents to the address specified on the form.
The DOJ accepts submissions by mail only; it does not process BCIA 8706 forms through Live Scan centers or online portals.

Mailing Address:
California Department of Justice
Bureau of Criminal Information and Analysis
Record Review Unit
P.O. Box 903417
Sacramento, CA 94203-4170

Some older DOJ guidance references the alternative ZIP code 95816-0207, but all current submissions should use the Record Review Unit address provided in the BCIA 8706 instructions.

Submission Requirements:

  • Use the official BCIA 8706 form provided with the record review packet.
  • Include a legible copy of the RAP sheet showing the entries in question.
  • Attach all certified supporting documents that verify the correction claim.
  • Retain copies of everything submitted for personal records and potential appeal.

After receiving the challenge, the DOJ reviews the material, verifies the information with the originating law-enforcement or judicial agency, and issues a written determination.
If the DOJ confirms the error, it corrects the State Summary Criminal History Record and sends the applicant an updated copy showing the amendment.
If the claim is denied, the applicant may pursue an administrative appeal under the California Administrative Procedure Act (Government Code § 11500 et seq.), discussed in a later section of this guide.

DOJ Review, Investigation, and Correction (Penal Code § 11126)

Overview

After the Department of Justice (DOJ) receives Form BCIA 8706 and the accompanying documentation, the challenge enters the agency review and verification phase established under Penal Code § 11126.

During this phase, the DOJ evaluates the evidence, communicates with the source agency that submitted the disputed data, and determines whether the record requires correction.

This process ensures that all amendments to the State Summary Criminal History Record rest on verified and certified information.

Procedural Obligations of the Department of Justice

The DOJ begins its review by comparing the applicant’s documentation with the official records already in its database.

If questions arise about the accuracy of the underlying documents—such as a police report, court minute order, or prosecutor’s filing—the DOJ must contact the source that provided the information.

The Department forwards a copy of the challenged record entry and any supporting materials to the reporting agency for verification and clarification.

The DOJ’s review focuses on confirming the factual validity of the data rather than interpreting judicial rulings or legal conclusions.

Once the Department forwards the request, it monitors compliance with the statutory deadlines imposed on the source agency.

Role of the Source Agency (Arresting Agency or Court)

The agency that originally supplied the disputed information—typically a local law-enforcement department, sheriff’s office, or court clerk—assumes a mandatory responsibility once the DOJ forwards the challenge.

Under Penal Code § 11126(a), this agency must review its records and return a verified response to the DOJ within 30 days of receiving the written request.

The review must confirm whether the agency’s original data is accurate, incomplete, or erroneous.

If the agency determines that its submission contains an error, it must correct its internal record immediately and communicate the corrected information to the DOJ.

This 30-day deadline creates a clear, enforceable time frame for resolving discrepancies and prevents prolonged delays in correcting state-level data.

Resolution, Correction, and Notification Requirements

When the source agency verifies an error and classifies it as material, it must amend its record and notify the DOJ of the correction.

Upon receiving confirmation, the DOJ must update the State Summary Criminal History Record and inform the applicant of the correction within 30 days.

Penal Code § 11126(b) imposes additional notification obligations to ensure complete remediation of the error:

  • Automatic Notification:
  • The DOJ and the source agency must notify every person or entity that received the inaccurate record within the previous 90 days.
  • Applicant Notification:
  • The DOJ must inform the applicant that it has sent these 90-day notifications.
  • Expanded Notification Upon Request:
  • The applicant may request that the DOJ notify additional recipients beyond the 90-day window if they can identify other agencies or entities that accessed the erroneous record.

The materiality standard under Penal Code § 11126(b) governs whether the DOJ is required to issue a correction. Only substantive or consequential inaccuracies trigger a mandatory update.

Minor clerical errors that do not affect the legal or professional implications of the record may not meet this threshold.

To strengthen their claim, applicants should clearly demonstrate how the error has created a measurable adverse impact—such as denial of employment, rejection of licensing, or inaccurate background screening.

Applicants should also identify any relevant recipients of the incorrect record in their BCIA 8706 submission to ensure notification reaches all affected parties.

Key Procedural Authorities Governing Record Correction

Authority (California Penal Code) Subject Matter Summary of Obligation
§ 11121 Right to Refute Grants individuals the right to obtain and dispute incorrect or incomplete information in DOJ records.
§ 11126(a) Source Agency Review Requires the DOJ to refer disputed records to the original furnishing agency, which must review and respond within 30 days.
§ 11126(b) Correction and Notification Mandates correction of material errors and requires notification to all recipients of the incorrect record within the past 90 days.
§ 11126(c) Administrative Appeal Directs the DOJ to refer unresolved or denied challenges to formal administrative adjudication under the Administrative Procedure Act (Gov. Code § 11500 et seq.).

Administrative Adjudication of Denied Claims (Penal Code § 11126(c))

Overview

If the Department of Justice (DOJ) or the original agency denies a Form BCIA 8706 challenge—because the evidence is insufficient, the facts are disputed, or the alleged error is not considered material—the applicant may request a formal administrative hearing

This process represents the final and most powerful remedy available under California law for correcting state-maintained criminal history information.

Statutory Right to Appeal a Denial

Penal Code § 11126(c) grants an explicit and mandatory right to administrative adjudication

When the DOJ or a furnishing agency denies a claim of inaccuracy or incompleteness, the statute requires the matter to “be referred for administrative adjudication.” The DOJ cannot dismiss the challenge outright once the applicant requests a hearing.

To exercise this right, the applicant must submit a written demand requesting referral to administrative adjudication upon receipt of the DOJ’s denial letter

Although this right is mandatory, the DOJ’s correspondence often fails to include clear instructions for invoking it. Applicants should therefore reference Penal Code § 11126(c) directly in their written request and demand a referral under the Administrative Procedure Act (APA).

Governing Authority: The Administrative Procedure Act (APA)

The administrative hearing operates under the formal procedures of the California Administrative Procedure Act, specifically Government Code §§ 11500–11529.

These proceedings are quasi-judicial in nature and are typically conducted before an Administrative Law Judge (ALJ) from the Office of Administrative Hearings (OAH).

The ALJ follows the established APA framework, which includes:

  • Admissible evidence and witness testimony;
  • Discovery procedures and document exchange;
  • Presentation of exhibits and sworn statements;
  • A written decision that determines whether the record contains a material inaccuracy or incompleteness.

The APA structure ensures impartial review and guarantees that both the applicant and the DOJ have equal opportunity to present their evidence.

Challenging California DOJ’s Criminal Records (RAP Sheet)

Hearing Protocol: The DOJ as Respondent

In an administrative adjudication under Penal Code § 11126(c), the applicant serves as the Claimant or Appellant, and the Department of Justice is designated as the Respondent.

This designation changes the procedural dynamic. The DOJ must now defend the accuracy of its record before an independent adjudicator rather than simply reviewing the data internally.

During the hearing, the DOJ bears the burden of supporting its record with factual and legal justification.The applicant, in turn, presents certified documentation and testimony to demonstrate that a material error exists.

Complex cases—such as those involving conflicting court orders, misreported dispositions, or ambiguous statutory classifications—often require professional legal representation.

Because APA proceedings follow formal evidentiary standards and procedural rules, counsel can help ensure that the claim is properly presented and that the applicant’s rights are preserved throughout the process.

Consequences of a Successful Administrative Appeal

If the Administrative Law Judge (ALJ) determines that the record contains a material inaccuracy or incompleteness, the DOJ and the originating agency must correct the record.

This correction triggers the same notification requirements outlined in Penal Code § 11126(b):

  • The DOJ and the source agency must update their respective records.
  • They must notify all agencies or entities that received the inaccurate record within the previous 90 days.
  • The DOJ must inform the applicant once these notifications have been completed.

An ALJ’s ruling carries binding legal effects. The DOJ must implement the decision in full, and the corrected record becomes the authoritative version in the state’s criminal history database.

Forms and Authorities Reference Guide

This section consolidates the essential procedural tools and legal authorities that govern the process of reviewing and correcting California criminal history records.
It provides a structured reference for the mandatory forms issued by the California Department of Justice (DOJ) and identifies the statutory provisions that establish the right to access, dispute, and amend State Summary Criminal History Information.
By following these references, applicants and legal practitioners can ensure that every submission complies with DOJ procedural requirements and that all actions taken align with the governing provisions of the California Penal Code and the Administrative Procedure Act (APA).

Essential Forms Checklist

The correction process uses three sequential forms issued by the California Department of Justice (DOJ), Criminal Justice Information Services (CJIS) Division. Each form serves a distinct procedural stage:

  • BCIA 8016RR – Request for Live Scan Service (Record Review):
    California residents use this form to submit fingerprints through a Live Scan provider and begin the personal record review process.
  • BCIA 8705 – Application to Obtain Copy of State Summary Criminal History Record:
    Out-of-state and international residents use this form with an FD-258 fingerprint card to request their criminal history record manually by mail.
  • BCIA 8706 – Claim of Alleged Inaccuracy or Incompleteness:
    Individuals use this form to challenge inaccuracies or omissions in their criminal history record. The DOJ provides it only after completing the initial record review.

Each form must be completed in full, signed, and submitted according to DOJ instructions. The DOJ will reject incomplete or improperly submitted applications.

Managing DOJ forms doesn’t have to be complicated. RunSensible Forms gives you instant access to official California Department of Justice documents—like BCIA 8016RR, BCIA 8705, and BCIA 8706—in one secure, easy-to-use platform.

Statutory Reference Summary

Two main legal frameworks govern the review, correction, and appeal process for California criminal history records:

  • California Penal Code §§ 11120–11127:
    Defines the right of every individual to review and dispute erroneous or incomplete summary criminal history information. It prescribes the procedures for agency review, correction, notification of recipients, and administrative appeal.
  • California Government Code §§ 11500–11529 (Administrative Procedure Act):
    Establishes the formal process for administrative adjudication of denied challenges. It governs how hearings are conducted, evidence is presented, and decisions are enforced.

Together, these statutes create the legal foundation for reviewing and correcting state-maintained criminal records while preserving due process rights.

DOJ Contact Information – Record Review Unit

Applicants must mail all completed BCIA 8706 forms, along with a copy of their RAP sheet and all supporting documentation, to the DOJ’s Record Review Unit. The same office handles inquiries related to pending submissions or correction status.

Mailing Address:
California Department of Justice
Bureau of Criminal Information and Analysis
Record Review Unit
P.O. Box 903417
Sacramento, CA 94203-4170

General Contact – Record Quality Services Program (Record Review Section):

  • Phone: (916) 227-3835
  • Email: recordreview@doj.ca.gov

Applicants should use certified or trackable mail for all submissions to ensure delivery verification. The DOJ does not accept faxed or emailed submissions for official record challenges.

Turn the rules above into a ready-to-send notice in minutes with RunSensible Forms.

Recap

Challenging a record maintained by the California Department of Justice (DOJ) demands strict compliance with the four‐phase, statute-based framework established under California Penal Code §§ 11120 et seq. The process unfolds as follows:

  • Phase 1 – Record Review: An individual must first request their state summary criminal history using the appropriate form (e.g., BCIA 8016RR or BCIA 8705) and obtain the official record as required by Pen. Code § 11122.
  • Phase 2 – Formal Challenge: After reviewing the record, the individual may submit a written claim (via BCIA 8706) that identifies specific inaccuracies or omissions and supplies corroborating proof.
  • Phase 3 – DOJ and Agency Review: Under Pen. Code § 11126(a)–(b), the DOJ reviews the claim, refers it to the furnishing agency, enforces a 30-day review deadline, and, if the error proves material, orders correction and notification of all recipients within the prior 90 days. 
  • Phase 4 – Administrative Adjudication: Should the DOJ or the reporting agency deny the claim, Pen. Code § 11126(c) gives the applicant a mandatory right to administrative adjudication under the Administrative Procedure Act (Gov. Code § 11500 et seq.), with the DOJ designated as the Respondent.

Mastering this procedural architecture is essential. Only thorough, documented proof of a material error will trigger the record-correction obligations of the DOJ and the reporting agency. Conversely, mere technical or immaterial mistakes may not qualify. The system ensures both due process and data integrity: individuals exercise their statutory rights, agencies uphold accuracy, and the DOJ enforces statewide consistency.

By meticulously following each phase—starting with the initial record review, advancing to a robust challenge, monitoring agency responsiveness, and, if necessary, pursuing adjudication—an individual secures the best opportunity to compel accurate reporting and ensure that the state summary criminal history truly reflects the lawfully disposed of each case.

FAQs

What must I do before submitting a challenge to my criminal history record?

Before filing a formal challenge, you must first obtain a copy of your State Summary Criminal History Record (also known as a RAP sheet) from the California Department of Justice (DOJ). This step is required under Penal Code § 11122.

  • California residents use Form BCIA 8016RR to submit fingerprints through a Live Scan provider.
  • Out-of-state or international applicants use Form BCIA 8705 and submit a manual FD-258 fingerprint card by mail to the DOJ.

What types of errors can I challenge on my DOJ criminal history record?

You may challenge entries that are factually inaccurate or incomplete.

  • Inaccurate entries include those with wrong arrest details, incorrect identifiers, or misapplied convictions.
  • Incomplete entries often lack a final disposition or omit essential case outcomes.
    The right to dispute these entries is granted under California Penal Code §§ 11120 – 11127, which ensures that the DOJ maintains accurate and complete criminal history information.

How do I submit a formal challenge to the DOJ?

After reviewing your RAP sheet, complete Form BCIA 8706 (Claim of Alleged Inaccuracy or Incompleteness). Identify each disputed entry, explain the nature of the error, and include certified documentation supporting your claim—such as a court order, minute entry, or dismissal record.
Mail the completed form and attachments to the DOJ’s Record Review Unit at:
P.O. Box 903417, Sacramento, CA 94203-4170.

What happens after I submit a challenge with BCIA 8706?

Once the DOJ receives your submission, it reviews your evidence and verifies the accuracy of the record. If necessary, the DOJ refers the issue to the original reporting agency (for example, a police department or court).
Under Penal Code § 11126(a), that agency has 30 days to investigate and respond.
If the agency confirms that an error is material, Penal Code § 11126(b) requires both the DOJ and the reporting agency to correct the record and to notify every entity that received the incorrect information within the last 90 days.

What if my challenge is denied by the DOJ or the reporting agency?

If the DOJ or the original agency denies your challenge, Penal Code § 11126(c) grants you a mandatory right to administrative adjudication. You may demand a hearing under the California Administrative Procedure Act (Government Code §§ 11500 et seq.).
The hearing is presided over by an Administrative Law Judge (ALJ) who independently determines whether the record contains a material inaccuracy or omission. At this stage, the DOJ serves as the Respondent and must defend the accuracy of its record.

Can I use my personal criminal history record for employment, licensing, or immigration purposes?

No. Records obtained through the personal Record Review process may only be used to verify accuracy. Under Penal Code §§ 11125, 11142, and 11143, you cannot disclose or distribute your RAP sheet for employment, licensing, certification, or immigration purposes. Doing so may constitute a misdemeanor offense.

Resources

  1. California Penal Code § 11126 – Codes – FindLaw
    https://codes.findlaw.com/ca/penal-code/pen-sect-11126/
  2. California Penal Code § 11120 (2024) – Justia Law
    https://law.justia.com/codes/california/code-pen/part-4/title-1/chapter-1/article-5/section-11120/
  3. Record Review (Live Scan) – California Department of Justice – CA.gov
    https://oag.ca.gov/sites/all/files/agweb/pdfs/fingerprints/instructions.pdf
  4. Criminal Records – Request Your Own | State of California – Department of Justice
    https://oag.ca.gov/fingerprints/record-review
  5. Automatic Record Relief – Penal Code Sections 851.93 and 1203.425 | State of California – Department of Justice – Office of the Attorney General
    https://oag.ca.gov/fingerprints/automatic-record-relief-penal-code-sections-851.93-and-1203.425
  6. BCIA 8016RR – Request for Live Scan Service (Record Review or Foreign Adoption) – California Department of Justice – CA.gov
    https://oag.ca.gov/system/files/media/BCIA-8016RR.pdf
  7. BCIA 8705 – Application to Obtain Copy of State Summary Criminal History (Hard Card FD-258) – California Department of Justice
    https://oag.ca.gov/system/files/media/BCIA-8705.pdf
  8. Correcting Errors in California Department of Justice Criminal History Records – County of San Diego
    https://www.sandiegocounty.gov/content/sdc/public_defender/CorrectingErrorsinCaliforniaDepartmentofJusticeCriminalHistoryRecords.html