SECTIONS 11120-11127 - California Statutes

PENAL CODE

SECTION 11120-11127

11120. As used in this article, "record" with respect to any person
means the state summary criminal history information as defined in
subdivision (a) of Section 11105, maintained under such person's name
by the Department of Justice.

11121. It is the function and intent of this article to afford
persons concerning whom a record is maintained in the files of the
bureau an opportunity to obtain a copy of the record compiled from
such files, and to refute any erroneous or inaccurate information
contained therein.

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.

11123. The applicant shall submit the completed application
directly to the department. The application shall be accompanied by a
fee not to exceed twenty-five dollars ($25) that the department
determines equals the costs of processing the application and
providing a copy of the record to the applicant. All fees received by
the department under this section are hereby appropriated without
regard to fiscal years for the support of the Department of Justice
in addition to such other funds as may be appropriated therefor by
the Legislature. Any request for waiver of fee shall accompany the
original request for the record and shall include a claim and proof
of indigency.

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.

11125. No person or agency shall require or request another person
to furnish a copy of a record or notification that a record exists or
does not exist, as provided in Section 11124. A violation of this
section is a misdemeanor.

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.

11127. The department shall adopt all regulations necessary to
carry out the provisions of this article.