Section 722 - Process to Obtain Complete Criminal History Information(a) If an individual, as a condition of obtaining employment, or a license, permit or certificate, is required to submit to a state-level criminal history record check, a search of DOJ's criminal history records shall be conducted to determine whether the individual has any record of criminal conduct in California.(b) When the state criminal history record does not include disposition information corresponding to each and every arrest, DOJ shall make the following efforts to obtain the missing disposition information:(1) The Department shall query the arresting agency, the prosecuting agency, and the court or local probation agency as applicable; and(2) If the Department is unable to obtain the missing disposition information from any of these agencies, the Department shall query any other criminal justice agencies that might possess the missing disposition information for the arrest in question.(c) If an individual, as a condition of obtaining employment, or a license, permit or certificate, is also required to submit to a national-level criminal history record check, DOJ will initiate a search of the FBI's criminal history records to determine whether the individual has any record of criminal conduct in any other jurisdiction.(d) When the national criminal history record does not include disposition information for each and every arrest, the Department shall make the following efforts to obtain the missing disposition information: (1) The Department shall search the available automated systems of the out-of-state or federal agency that originated the arrest entry; and(2) If the Department is unable to obtain the missing disposition information through these efforts, the Department shall query the appropriate state, local or federal agency, as identified by the FBI.Cal. Code Regs. Tit. 11, § 722
1. New section filed 7-28-2005; operative 8-27-2005 (Register 2005, No. 30). Note: Authority cited: Section 11077, Penal Code. Reference: Section 11105 and 13101, Penal Code.
1. New section filed 7-28-2005; operative 8-27-2005 (Register 2005, No. 30).