§ 13203. — 13203. (Amended by Stats. 2021, Ch. 158, Sec. 2.)

California § 13203.

• Jurisdiction: California
• Code PEN: Penal Code - PEN
• Title: 3.
• Part 4.: TITLE 3. CRIMINAL STATISTICS
• Ch. 2.: CHAPTER 2. Criminal Offender Record Information
• Art. 5.: ARTICLE 5. Access to Information

Text

(a)
A criminal justice agency may release, within five years of the arrest, information concerning an arrest or detention of a peace officer, as defined in Section 830, an applicant for a position as a peace officer, a nonsworn employee of a criminal justice agency, or an applicant for a nonsworn position within a criminal justice agency that did not result in conviction, and for which the person did not complete a postarrest diversion program, to a governmental agency employer of that employee or applicant.
(b)
A criminal justice agency may release information concerning an arrest of a peace officer, as defined in Section 830, an applicant for a
position as a peace officer, a nonsworn employee of a criminal justice agency, or an applicant for a nonsworn position within a criminal justice agency that did not result in conviction but for which the person completed a postarrest diversion program or a deferred entry of judgment program, or information concerning a referral to and participation in any postarrest diversion program or a deferred entry of judgment program to a governmental agency employer of that employee or applicant.
(c)
Notwithstanding subdivision (a) or (b), a criminal justice agency shall not release information under the following circumstances:
(1)
Information concerning an arrest for which diversion or deferred entry of judgment has been ordered without attempting to determine whether diversion or a
deferred entry of judgment program has been successfully completed.
(2)
Information concerning an arrest or detention followed by a dismissal or release without attempting to determine whether the individual was exonerated.
(3)
Information concerning an arrest without a disposition without attempting to determine whether diversion or a deferred entry of judgment program has been successfully completed or the individual was exonerated.

Legislative History

Amended by Stats. 2021, Ch. 158, Sec. 2. (AB 1480) Effective January 1, 2022.