Who Can View Your Criminal Record in California?
With the invention of modern technology, the use of computers and internet, many companies specialize in criminal background checks for a variety of reasons. The main reason is for background checks for employment. You should expect if you have a criminal record that someone will be able to discover it if they look hard enough.
In addition the following have the absolute right to review your criminal record.
Five categories of people and agencies that are legally allowed to see your criminal record or rap sheets:
1. Criminal justice and law enforcement agencies – Law enforcement departments, courts, prosecutors and defense attorneys, parole and probation departments, and corrections officials can review rap sheets, including juvenile ward of the court adjudications, “expunged” cases, and, sometimes, “sealed” information.
2. Private and public employers – Most employers ask about criminal records even though they do not have the right to your record. However, California law allows certain employers to obtain copies of criminal records when making hiring decisions. Any employer who uses fingerprinting as part of the hiring process will likely send fingerprints to the DOJ to obtain rap sheets. A partial list of California employers allowed to request rap sheets includes:
- Nuclear power plants and public utilities;’
- Certain positions with supervision over minors;’
- Security organizations;’
- Financial institutions, such as banks and brokerage houses;’
- Child day care facilities; and
- Private schools.
- They may be more
Most public employers can request copies of rap sheets. These employers include: local, state, and federal government agencies such as police and fire departments; the California Department of Corrections; local boards of education, and the United States Postal Service.”
3. Occupational licensing agencies – A state or municipal license is required for hundreds of jobs (attorney, barber, real estate broker, lawyer, bus driver, doctor, nurse, and taxi driver). Often, the agency that issues an occupational license requires applicants to show that they possess “good moral” character as a result of this they are allowed to view of have access to criminal records as an interest to public safety.
4. Bail bonds agencies — Licensed bail bonds agencies may request rap sheets of their clients and of people for who bail has been forfeited or bench warrants issued.”
5. Personal – You have the right to see and view your own criminal record.
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The Law offices of Stull & Stull are located in Laguna Hills, California. Orange County Expungement Lawyer