Cal. Code Regs. tit. 11 § 723

Current through Register 2024 Notice Reg. No. 24, June 14, 2024
Section 723 - Suppression of Incomplete Criminal History Information
(a) When the Department has exhausted all efforts described in 722, the disposition information shall be deemed to be unavailable. The Department shall not be required to repeat the Section 722(b) and (d) searches for an unavailable disposition in response to any future request from an authorized entity.
(b) Unless information release is otherwise authorized by law, whenever DOJ furnishes either national or state summary criminal history information to an authorized entity for employment, licensing or certification purposes, the Department shall not disclose any information related to any arrest for which it is unable to obtain a corresponding disposition. The Department shall furnish all other criminal history information, if any, which it is authorized to disclose pursuant to the statute(s) governing the specific applicant type.
(c) Unless otherwise authorized by law, where only an arrest record exists but the Department is unable to obtain corresponding disposition information, the Department shall suppress that arrest information and provide the authorized agency with a response that no criminal history information exists.

Cal. Code Regs. Tit. 11, § 723

1. New section filed 7-28-2005; operative 8-27-2005 (Register 2005, No. 30).

Note: Authority cited: Section 11077, Penal Code. Reference: Section 432.7, Labor Code; Sections 11105 and 13203, Penal Code; Central Valley Chapter of the 7th Step Foundation, Inc. v. Younger (1979) 95 Cal.App.3d 212; and Central Valley Chapter of the 7th Step Foundation, Inc. v. Younger (1989) 214 Cal.App.3d 145.

1. New section filed 7-28-2005; operative 8-27-2005 (Register 2005, No. 30).