SECTIONS 13320-13326 - California Statutes

PENAL CODE

SECTION 13320-13326

13320. (a) As used in this article, "record" with respect to any
person means the local summary criminal history information as
defined in subdivision (a) of Section 13300, maintained under such
person's name by the local criminal justice agency.
(b) As used in this article, "agency" means any agency or
consortium of agencies.
(c) It is the function and intent of this article to afford
persons concerning whom a record is maintained in the files of the
local criminal justice agency a reasonable opportunity to examine the
record compiled from such files, and to refute any erroneous or
inaccurate information contained therein.

13321. Any person desiring to examine a record relating to himself
shall make application to the agency maintaining the record in the
form prescribed by that agency which may require the submission of
fingerprints.

13322. The agency may require the application be accompanied by a
fee not to exceed twenty-five dollars ($25) that the agency
determines is equal to the cost of processing the application and
making a record available for examination.

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.

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.

13325. The agency shall adopt all regulations necessary to carry
out the provisions of this article.

13326. No person shall require an employee or prospective employee
to obtain a copy of a record or notification that a record exists as
provided in Section 13323. A violation of this section is a
misdemeanor.