Getting Your California Criminal Record Updated
Many people need to obtain a copy of their California criminal record for employment, professional licensing, immigration matters, background checks, firearm eligibility reviews, or simply to verify what appears on their record. In the practice of a Los Angeles Criminal Defense Attorney and a Los Angeles Post-Conviction Attorney, we frequently help clients confirm that their criminal history was properly updated after post-conviction relief was granted by the court.
This issue commonly arises after a conviction has been vacated, dismissed, expunged, reduced to a misdemeanor, or otherwise modified under California law, including relief granted under California Penal Code sections 1016.5 and 1473.7 for immigration-related consequences. Even after a judge signs an order granting relief, it is important to verify that all agencies properly updated their records.
In many cases, errors can occur at several stages of the reporting process. For example, the court clerk may fail to properly transmit the updated disposition to the California Department of Justice (“DOJ”), the California DOJ may not correctly update its criminal history database, or the modified disposition may not be properly reported to the Federal Bureau of Investigation (“FBI”) and reflected in the federal criminal record system. As a result, outdated or incorrect information may continue to appear on employment background checks, fingerprint clearances, licensing applications, immigration screenings, firearm background checks, or FBI rap sheets.
To make sure that a criminal record is properly updated and reflected in both the California DOJ and FBI databases, a Los Angeles Post-Conviction Attorney often recommends obtaining and reviewing both the California DOJ criminal history report and the FBI Identity History Summary after post-conviction relief is granted. This verification process is especially important in immigration-related cases, professional licensing matters, and sensitive employment background checks.
For individuals currently living in California, this process is typically completed by visiting one of the many Live Scan fingerprinting facilities located throughout the state. After submitting fingerprints through Live Scan, the California DOJ can process and mail a copy of the criminal history record directly to the requesting person.
Importantly, individuals who no longer live in California generally do not need to travel back to California to obtain their records. Instead, they may request a copy of their California DOJ criminal history by mail. This process usually requires submitting a $25 processing fee, along with two forms: the FD-258 fingerprint card (commonly referred to as the FBI fingerprint form) and California DOJ Form BCIA 8705, which is available through the California Office of the Attorney General website.
Because criminal record reporting errors are not uncommon, it is often advisable to carefully review both state and federal criminal history reports after any post-conviction relief is granted. In some situations, courts, clerks, the California DOJ, or the FBI may fail to properly update their databases, resulting in outdated or inaccurate criminal history information continuing to appear on background checks. A knowledgeable Los Angeles Criminal Defense Attorney or Los Angeles Post-Conviction Attorney can assist in verifying, correcting, and ensuring that all agencies properly reflect the court’s order..
For all criminal defense, record check, or post-conviction questions, please contact our Los Angeles Criminal Defense Attorney and Los Angeles Post-Conviction Attorney at (323) 464-6424.
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