California Criminal Records

What exactly is a California Criminal Records? Criminal records in California show what crimes people in the state have committed. It usually includes arrests, indictments, pending dispositions, and convictions.

Criminal histories produced by law enforcement authorities are not public records in California. This information is exclusive to specific employers, such as public utilities, police enforcement, security guard services, and child care providers. Only a portion of California's complete criminal history records is accessible to the public under California Penal Code Section 11105.

The Division of Criminal Justice Services of the California Department of Justice (CA DOJ) keeps track of criminal history records. It makes comprehensive criminal records accessible to specific employers, case subjects, and their legal counsel.

Most criminal records in California have the following details:

• Personal information (name, birth date, nationality)
• Fingerprints
• Mugshot
• Unique physical features, such as tattoos, scars, moles
• Any misdemeanors or felonies
• Crime descriptions
• Arresting agency (sheriff's office, police departments, or California state police)
• Sex offender status

The type of criminal record may vary depending on the crime committed. If someone is guilty of any sexual offense, a sex offender record will be on file. Here are the common violations that a criminal may have on his record:

Felonies

In California, every offense with a potential one-year punishment is a felony. A felony conviction in the state may also result in a $10,000 fine and formal felony probation.

Some crimes in California are under "straight" felonies, which implies that they may only be charged as felonies and will result in a "strike" on your record. In California, some typical occurrences of straight felonies include:

• Murder
• Rape
• First-degree burglary
• Lewd acts with a minor
• Carjacking
• Vehicular manslaughter with gross negligence

You can't change a "straight" felony to a misdemeanor. If you are guilty of one of the above serious felony crimes, you will probably go to a California state prison.

That record will stay forever unless you ask to have your violation expunged. In California, you can get deleted certain felonies from your criminal history. But there are some limits on when you can start the expungement process.

Misdemeanors

Misdemeanor records include crimes that are less severe than felonies. However, many entail violence and even the killing of another person.

California does not define misdemeanors based on their severity. However, there are gross or aggravated misdemeanors for which the criminal law specifies a maximum fine of $2,000 and a maximum prison sentence of one year.

Here are some of the most common violations in the California misdemeanor records:

• Assault
• Battery
• Domestic battery
• Disorderly conduct
• Indecent exposure
• Petty theft
• Shoplifting
• Violation of restraining order
• Disturbing the peace
• Trespassing
• Prostitution
• Public intoxication
• Receiving stolen property
• DUI
• Reckless driving
• Driving on a suspended license
• Drug possession

California's crimes can also be either a misdemeanor or a felony. These crimes are often called "wobblers". Most of the time, a prosecutor will decide how to file based on the facts of the case and the defendant's criminal history.

Some of the typical California "wobbler" crimes are:

• Second-degree burglary
• Assault with a deadly weapon
• Brandishing a weapon
• Grand theft
• Embezzlement
• Corporal injury to a spouse
• Elder abuse
• Criminal threats
• Sexual battery

Compared to a felony charge, a misdemeanor might seem like a minor crime, but it is still a crime. If you are guilty of any misdemeanor, it will stay on your criminal record for the rest of your life unless the court erases it.

However, suppose a job applicant in Sacramento has a criminal record for a minor offense. In that case, California law dictates that an employer can only check your background for the last seven years. A criminal background check will not show any convictions that happened more than seven years ago.

Criminal Driving Violations

Traffic violations in California (also called "moving violations") are crimes listed in the California Vehicle Code.

Most driving or traffic violations in the state are "infractions", and the consequences aren't too dire. But severe traffic violations are either misdemeanors or felonies. They can lead to many serious consequences, from taking your driver's license away to jail.

Most infraction records in the state include the following:

• Speeding
• Failure to stop at a red light
• Texting
• Repair-needed auto parts
• Expired registrations

Some of the driving violations under misdemeanors include reckless driving and DUI. While hit and run in California can be both a misdemeanor and felony, depending on the circumstances.

A DUI conviction stays on your license for ten years. And if you've been found guilty of this violation in California, you might be able to erase it into your criminal record.

Sexual Offenses

California terms sexual offenses sexual misconduct. It is a broad terminology encompassing various behaviors that violate state law.

Sexual misconduct will be on someone's criminal record if they are guilty of the following offenses:

Sexual harassment: It is unwanted sexual behavior toward another person, whether it's physical, verbal, or written. It usually happens professionally and includes establishing a hostile work climate or demanding sex for new jobs.

Sexual assault: Forced sexual contact, oral sex, touching, or penetrating with a foreign object are all examples of sexual assault.

Sexual exploitation: Examples of sexual exploitation include recording and disseminating a person's private information.

Sexual intimidation: Some of the violations under this category include making inappropriate gestures, frequently asking a person out on dates, and intentionally standing close or brushing against another individual.

Sexual battery: This offense refers to sexual contact with an intimate partner, such as fondling a woman's breasts and rubbing a person's butt.

Under California Penal Code 290, a person convicted of certain sexual crimes must register as a "sexual offender". However, Senate Bill (SB) 384 eliminated California's lifetime-sex offender registration law with a three-tiered system that no longer has lifetime registration for most offenses.

Tier one: Under this level, registering as a sex offender for at least ten years is mandatory. It is for those guilty of minor sexual crimes, such as a sexual battery or indecent exposure.

Tier two: It needs a 20-year sex offender registration. Examples include lewdness and non-forced sodomy with a child under 14.

Tier three: It mandates permanent registration as a sexual offender. The crimes include rape, sex trafficking of minors, sex crimes against children, and repeated sex crimes.

The California Sex Offender Registry lists known sex offenders throughout the state. The registry has the names, zip codes, and descriptions of people caught committing crimes.

In California, expungement is a legal process that removes or lessens some offenses.

Under California Penal Code 1203.4, an expungement lets a defendant take back a guilty or no contest plea, enter a new not guilty plea, and have the case thrown out. When a court enables a person to get an expungement, many terrible impacts of a criminal conviction will go away.

Defendants convicted of misdemeanors or felonies in California can get their records erased if they meet the following requirements:

• Completed probation for the crime
• Did not go to state prison because of the crime

When you finish probation, you have met all the requirements, which could include, but are not limited to:

• Doing the required number of hours of community service
• Not using drugs or drinking
• Getting the needed therapy done

You can ask to clean your record if you are not facing new charges or wrapping up a sentence for a different crime.

However, in California, you can never get removed some felony offenses from your criminal record. Among these are:

• Lewd acts with a child
• Oral copulation with a child
• Statutory rape involving parties younger than 16 and 21 or older
• Sodomy with a child

Steps in Expunging a Criminal Record in California

Expunging a record is hard to understand and takes a lot of time and paperwork. There are many ways an application could be wrong and get turned down. But criminal defense lawyers who have done this before know how to speed up the process and get it right the first time.

But basically, here are the steps you need to accomplish for a successful criminal record expungement:

• Fill out the proper forms: A criminal defense lawyer understands which paperwork to employ. Most expungement forms are accessible in courthouses or online.
• File for expungement: After filling out the paperwork, submit them to the court that heard the case. In five months, the court often responds.
• Be ready for the expungement hearing: the judge decides whether or not to award an expungement. Defendants are more likely to be granted expungement if they can have no other convictions and have fulfilled all community service requirements.

If the court rejects expungement, the defendant can reapply after six months with any necessary revisions. In contrast, the defense counsel should seal the case if the court approves expungement.

Inmate records in California are documents about people locked up, while jail records provide important information about housing facilities all over the state.

Even though jail records are made mainly by the different jurisdictions' correctional facilities, detention centers, and housing units, all of these places are under the control of the California Department of Corrections and Rehabilitation.

Also, the department has a Records Division whose job is to manage and share information about inmates and the facilities where they live. If you want to look for an inmate, contact the division.

On the record of a California prisoner, you can find:

• The inmate's full name and alias
• Conviction details
• Personal data, including their birth date, sex, mugshot, etc
• Incarceration and release dates
• The facility's location and security
• Past offenses and sentences served
• Release conditions (if applicable)

California arrest records offer information on those arrested for a crime. Even though these records include information about the arrest and detention, they may not be used as a criminal record unless an indictment or a court hearing follows the arrest.

In California, the police can arrest you with or without a warrant if you commit a crime.

If they arrest someone without a warrant, they most certainly committed a crime in the presence of an officer (such as a state DUI). If an officer believes you committed a crime, they will ask a court for an arrest warrant.

In California, a criminal suspect is often taken into police custody and "booked" or "processed" after being arrested. During booking, a police officer usually gets the following from a criminal suspect:

• Personal information
• Details about the alleged crime
• Suspect's criminal history
• Fingerprints
• Photos

Also, the law enforcer may take any personal items the suspect carries (like keys or a purse) and put the suspect in a police station holding cell or local jail.

Where can you find arrest records in California? Even though California doesn't have a central database to search for warrants, local law enforcement agencies and sheriff's stations have the tools to do so when asked.

In California, the main reason people request criminal records is background checks. An employer or other entity requests this record to learn about a person's criminal history.

The CA DOJ manages official criminal records in the state. It keeps criminal records in online record depositories. At the same time, the OAG offers background checks that law enforcement agencies and the official California State Records Online Database can access.

If you want to obtain a copy of these reports, it is possible through the local clerk of courts or from a law enforcement officer. You can only do a criminal record search by law enforcement, certain employers, or the person with the record.

Since access to records in California is so limited and based on your jurisdiction, using a website to search keeps you from having to sift through records you may not need.

If someone with a criminal record wants a copy, they must go to the CA DOJ in person, give fingerprints, and pay $25 for the processing. Requesters must apply for a fee waiver if they want to do a free public criminal record check.