California

13323.  When an application is received by the agency, the agency
shall upon verification of the applicant's identity determine whether
a record pertaining to the applicant is maintained.  If such record
is maintained, the agency shall at its discretion either inform the
applicant by mail of the existence of the record and specify a time
when the record may be examined at a suitable facility of the agency
or shall mail the subject a copy of the record.

11122.  Any person desiring a copy of the record relating to himself
shall obtain an application form furnished by the department which
shall require his fingerprints in addition to such other information
as the department shall specify. Applications may be obtained from
police departments, sheriff departments, or the Department of
Justice.  The fingerprinting agency may fix a reasonable fee for
affixing the applicant's fingerprints to the form, and shall retain
such fee.

11124.  When an application is received by the department, the
department shall determine whether a record pertaining to the
applicant is maintained.  If such record is maintained, the
department shall furnish a copy of the record to the applicant or to
an individual designated by the applicant.  If no such record is
maintained, the department shall so notify the applicant or an
individual designated by the applicant.  Delivery of the copy of the
record, or notice of no record, may be by mail or other appropriate
means agreed to by the applicant and the department.

11126.  (a) If the applicant desires to question the accuracy or
completeness of any material matter contained in the record, he or
she may submit a written request to the department in a form
established by it.  The request shall include a statement of the
alleged inaccuracy or incompleteness in the record, and its
materiality, and shall specify any proof or corroboration available.
Upon receipt of the request, the department shall review the record
to determine if the information correctly reflects the source
document, and if it does not, the department shall make the necessary
corrections and shall provide the applicant with a corrected copy of
the record.  If the accuracy of the source document is questioned,
the department shall forward it to the person or agency which
furnished the questioned information.  This person or agency shall,
within 30 days of receipt of the written request for clarification,
review its information and forward to the department the results of
the review.
   (b) If the agency concurs in the allegations of inaccuracy or
incompleteness in the record, and finds that the error is material,
it shall correct its record and shall so inform the department, which
shall correct the record accordingly.  The department shall inform
the applicant of its correction of the record under this subdivision
within 30 days.  The department and the agency shall notify all
persons and agencies to which they have disseminated the incorrect
record in the past 90 days of the correction of the record, and the
applicant shall be informed that the notification has been given.
The department and the agency shall also notify those persons or
agencies to which the incorrect record has been disseminated which
have been specifically requested by the applicant to receive
notification of the correction of the record, and the applicant shall
be informed that the notification has been given.
   (c) If the department or the agency denies the allegations of
inaccuracy or incompleteness in the record, the matter shall be
referred for administrative adjudication in accordance with Chapter 5
(commencing with Section 11500) of Part 1, Division 3, Title 2 of
the Government Code for a determination of whether material
inaccuracy or incompleteness exists in the record.  The department
shall be the respondent in the hearing.  If a material inaccuracy or
incompleteness is found in any record, the department and the agency
in charge of that record shall be directed to correct it accordingly.
  The department and the agency shall notify all persons and agencies
to which they have disseminated the incorrect record in the past 90
days of the correction of the record, and the applicant shall be
informed that the notification has been given.  The department and
the agency shall also notify those persons or agencies to which the
incorrect record has been disseminated which have been specifically
requested by the applicant to receive notification of the correction
of the record, and the applicant shall be informed that the
notification has been given.  Judicial review of the decision shall
be governed by Section 11523 of the Government Code.  The applicant
shall be informed of the decision within 30 days of its issuance in
accordance with Section 11518 of the Government Code.

851.8.  (a) In any case where a person has been arrested and no
accusatory pleading has been filed, the person arrested may petition
the law enforcement agency having jurisdiction over the offense to
destroy its records of the arrest.  A copy of such petition shall be
served upon the district attorney of the county having jurisdiction
over the offense.  The law enforcement agency having jurisdiction
over the offense, upon a determination that the person arrested is
factually innocent, shall, with the concurrence of the district
attorney, seal its arrest records, and the petition for relief under
this section for three years from the date of the arrest and
thereafter destroy its arrest records and the petition.  The law
enforcement agency having jurisdiction over the offense shall notify
the Department of Justice, and any law enforcement agency which
arrested the petitioner or participated in the arrest of the
petitioner for an offense for which the petitioner has been found
factually innocent under this subdivision, of the sealing of the
arrest records and the reason therefor.  The Department of Justice
and any law enforcement agency so notified shall forthwith seal their
records of the arrest and the notice of sealing for three years from
the date of the arrest, and thereafter destroy their records of the
arrest and the notice of sealing.  The law enforcement agency having
jurisdiction over the offense and the Department of Justice shall
request the destruction of any records of the arrest which they have
given to any local, state, or federal agency or to any other person
or entity.  Each such agency, person, or entity within the State of
California receiving such a request shall destroy its records of the
arrest and such request, unless otherwise provided in this section.
   (b) If, after receipt by both the law enforcement agency and the
district attorney of a petition for relief under subdivision (a), the
law enforcement agency and district attorney do not respond to the
petition by accepting or denying such petition within 60 days after
the running of the relevant statute of limitations or within 60 days
after receipt of the petition in cases where the statute of
limitations has previously lapsed, then the petition shall be deemed
to be denied.  In any case where the petition of an arrestee to the
law enforcement agency to have an arrest record destroyed is denied,
petition may be made to the superior court which would have had
territorial jurisdiction over the matter.  A copy of such petition
shall be served on the district attorney of the county having
jurisdiction over the offense at least 10 days prior to the hearing
thereon.  The district attorney may present evidence to the court at
such hearing.  Notwithstanding Section 1538.5 or 1539, any judicial
determination of factual innocence made pursuant to this section may
be heard and determined upon declarations, affidavits, police
reports, or any other evidence submitted by the parties which is
material, relevant and reliable.  A finding of factual innocence and
an order for the sealing and destruction of records pursuant to this
section shall not be made unless the court finds that no reasonable
cause exists to believe that the arrestee committed the offense for
which the arrest was made.  In any court hearing to determine the
factual innocence of a party, the initial burden of proof shall rest
with the petitioner to show that no reasonable cause exists to
believe that the arrestee committed the offense for which the arrest
was made.  If the court finds that this showing of no reasonable
cause has been made by the petitioner, then the burden of proof shall
shift to the respondent to show that a reasonable cause exists to
believe that the petitioner committed the offense for which the
arrest was made.  If the court finds the arrestee to be factually
innocent of the charges for which the arrest was made, then the court
shall order the law enforcement agency having jurisdiction over the
offense, the Department of Justice, and any law enforcement agency
which arrested the petitioner or participated in the arrest of the
petitioner for an offense for which the petitioner has been found
factually innocent under this section to seal their records of the
arrest and the court order to seal and destroy such records, for
three years from the date of the arrest and thereafter to destroy
their records of the arrest and the court order to seal and destroy
such records.  The court shall also order the law enforcement agency
having jurisdiction over the offense and the Department of Justice to
request the destruction of any records of the arrest which they have
given to any local, state, or federal agency, person or entity.
Each state or local agency, person or entity within the State of
California receiving such a request shall destroy its records of the
arrest and the request to destroy such records, unless otherwise
provided in this section.  The court shall give to the petitioner a
copy of any court order concerning the destruction of the arrest
records.
   (c) In any case where a person has been arrested, and an
accusatory pleading has been filed, but where no conviction has
occurred, the defendant may, at any time after dismissal of the
action, petition the court which dismissed the action for a finding
that the defendant is factually innocent of the charges for which the
arrest was made.  A copy of such petition shall be served on the
district attorney of the county in which the accusatory pleading was
filed at least 10 days prior to the hearing on the petitioner's
factual innocence.  The district attorney may present evidence to the
court at such hearing.  Such hearing shall be conducted as provided
in subdivision (b).  If the court finds the petitioner to be
factually innocent of the charges for which the arrest was made, then
the court shall grant the relief as provided in subdivision (b).
   (d) In any case where a person has been arrested and an accusatory
pleading has been filed, but where no conviction has occurred, the
court may, with the concurrence of the district attorney, grant the
relief provided in subdivision (b) at the time of the dismissal of
the accusatory pleading.
   (e) Whenever any person is acquitted of a charge and it appears to
the judge presiding at the trial wherein such acquittal occurred
that the defendant was factually innocent of such charge, the judge
may grant the relief provided in subdivision (b).
   (f) In any case where a person who has been arrested is granted
relief pursuant to subdivision (a) or (b), the law enforcement agency
having jurisdiction over the offense or court shall issue a written
declaration to the arrestee stating that it is the determination of
the law enforcement agency having jurisdiction over the offense or
court that the arrestee is factually innocent of the charges for
which  the person was arrested and that the arrestee is thereby
exonerated.  Thereafter, the arrest shall be deemed not to have
occurred and the person may answer accordingly any question relating
to its occurrence.
   (g) The Department of Justice shall furnish forms to be utilized
by persons applying for the destruction of their arrest records and
for the written declaration that one person was found factually
innocent under subdivisions (a) and (b).
   (h) Documentation of arrest records destroyed pursuant to
subdivision (a), (b), (c), (d), or (e) which are contained in
investigative police reports shall bear the notation "Exonerated"
whenever reference is made to the arrestee.  The arrestee shall be
notified in writing by the law enforcement agency having jurisdiction
over the offense of the sealing and destruction of the arrest
records pursuant to this section.
   (i) Any finding that an arrestee is factually innocent pursuant to
subdivision (a), (b), (c), (d), or (e) shall not be admissible as
evidence in any action.
   (j) Destruction of records of arrest pursuant to subdivision (a),
(b), (c), (d), or (e) shall be accomplished by permanent obliteration
of all entries or notations upon such records pertaining to the
arrest, and the record shall be prepared again so that it appears
that the arrest never occurred.  However, where (1) the only entries
on the record pertain to the arrest and (2) the record can be
destroyed without necessarily effecting the destruction of other
records, then the document constituting the record shall be
physically destroyed.
   (k) No records shall be destroyed pursuant to subdivision (a),
(b), (c), (d), or (e) if the arrestee or a codefendant has filed a
civil action against the peace officers or law enforcement
jurisdiction which made the arrest or instituted the prosecution and
if the agency which is the custodian of such records has received a
certified copy of the complaint in such civil action, until the civil
action has been resolved.  Any records sealed pursuant to this
section by the court in the civil actions, upon a showing of good
cause, may be opened and submitted into evidence.  The records shall
be confidential and shall be available for inspection only by the
court, jury, parties, counsel for the parties and any other person
authorized by the court.  Immediately following the final resolution
of the civil action, records subject to subdivision (a), (b), (c),
(d), or (e) shall be sealed and destroyed pursuant to subdivision
(a), (b), (c), (d), or (e).
   (l) For arrests occurring on or after January 1, 1981, and for
accusatory pleadings filed on or after January 1, 1981, petitions for
relief under this section may be filed up to two years from the date
of the arrest or filing of the accusatory pleading, whichever is
later.  Until January 1, 1983, petitioners can file for relief under
this section for arrests which occurred or accusatory pleadings which
were filed up to five years prior to the effective date of the
statute.  Any time restrictions on filing for relief under this
section may be waived upon a showing of good cause by the petitioner
and in the absence of prejudice.
   (m) Any relief which is available to a petitioner under this
section for an arrest shall also be available for an arrest which has
been deemed to be or described as a detention under Section 849.5 or
851.6.
   (n) The provisions of this section shall not apply to any offense
which is classified as an infraction.
   (o) (1) The provisions of this section shall be repealed on the
effective date of a final judgment based on a claim under the
California or United States Constitution holding that evidence which
is relevant, reliable, and material may not be considered for
purposes of a judicial determination of factual innocence under this
section.  For purposes of this subdivision, a judgment by the
appellate  division of a superior court is a final judgment if it is
published and if it is not reviewed on appeal by a court of appeal.
A judgment of a court of appeal is a final judgment if it is
published and if it is not reviewed by the California Supreme Court.

   (2) Any such decision referred to in this subdivision shall be
stayed pending appeal.
   (3) If not otherwise appealed by a party to the action, any such
decision referred to in this subdivision which is a judgment by the
appellate division of the superior court shall be appealed by the
Attorney General.
   (p) A judgment of the court under subdivision (b), (c), (d), or
(e) is subject to the following appeal path:
   (1) In a felony case, appeal is to the court of appeal.
   (2) In a misdemeanor case, or in a case in which no accusatory
pleading was filed, appeal is to the appellate division of the
superior court.

13324.  (a) If the applicant desires to question the accuracy or
completeness of any material matter contained in the record, he may
submit a written request to the agency in the form established by it.
  The request shall include a statement of the alleged inaccuracy or
incompleteness in the record, its materiality, and shall specify any
proof or corroboration available.  Upon receipt of such request, the
agency shall, within 60 days of receipt of such written request for
clarification, review its information and forward to the applicant
the results of such review.
   (b) If the agency concurs in the allegations of inaccuracy or
incompleteness in the record and finds that the error is material, it
shall correct its record, and the agency shall inform the applicant
of its correction of any material error in the record under this
subdivision within 60 days.  The agency shall notify all criminal
justice agencies to which it has disseminated the incorrect record
from an automated system in the past two years of the correction of
the record.
   The agency shall furnish the applicant with a list of all the
noncriminal justice agencies to which the incorrect record has been
disseminated from an automated system in the past two years unless it
interferes with the conduct of an authorized investigation.
   (c) If the agency denies the allegations of inaccuracy or
incompleteness in the record, the matter shall at the option of the
applicant be referred for administrative adjudication in accordance
with the rules of the local governing body.

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