§ 13324. — 13324. (Added by Stats. 1979, Ch. 849.)

California § 13324.

• Jurisdiction: California
• Code PEN: Penal Code - PEN
• Title: 3.
• Part 4.: TITLE 3. CRIMINAL STATISTICS
• Ch. 2.: CHAPTER 2. Criminal Offender Record Information
• Art. 7.: ARTICLE 7. Examinations of Local Records

Text

(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.

Legislative History

Added by Stats. 1979, Ch. 849.