Tooby's California Post-Conviction Relief for Immigrants



 
 

§ 12.5 C. Correcting State Criminal History Records

 
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The easiest way to ensure the state criminal history records are corrected is to ask the clerk of the criminal court issuing the order vacating the record to do so.  The clerk will have submitted a record of the conviction to the state department of criminal identification, or equivalent, when the original conviction occurred.  Now that the court has vacated the conviction, the clerk can submit a correction to the same state agency in the same matter.  Counsel can also do so independently.  To do so, first obtain a certified copy of the court order vacating the conviction, and submit it to the state department of justice or bureau of criminal identification,[2] together with a completed form if one is required, or a letter, requesting the correction.  Once the state agency has corrected its record, you can send the corrected state record to the FBI, which will then correct its record.  If you do not receive satisfaction from the state agency informally, you may be entitled to a hearing to determine the truth of the matter.[3]


[2] California Department of Justice, Record Review Unit, P.O. Box 903417, Sacramento, CA 94203‑4170. 

[3] See, e.g., California Penal Code § 11126(c).

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CAL POST CON " CORRECTING STATE CRIMINAL HISTORY
Penal Code 11126(c) (provides for a hearing after denial of a request to correct California criminal history; no specific requirement on how fast the Department of Justice must investigate the claim in Sections (a) and (b)). http://oag.ca.gov/sites/all/files/pdfs/fingerprints/forms/BCIA_8705.pdf

 

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