Frequently Asked Questions

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State of California Department of Justice— source: doj.gov

What if I submitted fingerprints and have not received a response?

Please allow a minimum of seven days before making a status inquiry. Applicants should check first with the applicant agency that requested the background review since the DOJ sends results directly to the applicant agency. Poor quality fingerprints, records that contain criminal information, erroneous information submitted on the fingerprint transaction, and individuals born before 1920 who have submitted manual fingerprints in the past may delay the reporting of results.

Since the DOJ normally responds to the applicant agency, please check with the agency first. If a requesting agency does not have results yet and digital Live Scan fingerprints were submitted, you may use the automated telephone system to check on your submission. You will need the following information: (1) your date of birth; and (2) the 10-digit Automated Transaction Identifier (ATI) number that appears at the bottom of the Department of Justice form requesting Live Scan fingerprint background checks. The ATI number always appears in the following sequence: 1 LETTER; 3 NUMBERS; 3 LETTERS and 3 NUMBERS.

What do I do if I received my California response, but the FBI rejected the applicant submission due to poor quality fingerprints?

The Federal Bureau of Investigation (FBI) may reject fingerprints even if the images were accepted by the DOJ. If this happens, the applicant will need to be reprinted using the original ATI (OATI) submission number. If rejected because of poor quality by the FBI on the second attempt, the applicant agency must request an FBI name check. To do so, please complete and submit the FBI Name Check Request, pdf.

NOTE: Both rejections must be for the same applicant type and applicant title. The name check must be received by DOJ within 75 days of the second rejection notice.

My employer is asking for a copy of my criminal history record. Can I give it to them?

No. California Penal Code section 11142 prohibits you from giving your copy of your criminal record to an unauthorized third party. In addition, California Penal Code section 11125 prohibits an individual or agency from requiring you to provide him/her or the agency with a copy of your criminal record or proof that a record does or does not exist. Violation of either of these sections is a misdemeanor offense.

How long will it take to receive a response?

Normal processing time is 2-3 days however; some requests may take up to 2 weeks to process depending on the information contained within the record.

What do I do if I forgot to request an FBI check for my applicant or if I made other mistakes on the Live Scan form?

You will have to send the applicant to be fingerprinted again – as if it was the initial transaction. All fees will be charged and have to be remitted the second time.

Can my request be expedited for an additional charge?

No. Unfortunately at this time, the Department of Justice does not offer an expedited process.

How do I get arrests or court disposition information removed from my criminal history record?

Arrest and court disposition information can only be modified or deleted by court order or at the direction of the arresting agency/district attorney having jurisdiction over the criminal matter. The Department of Justice is required to record summary arrest, detention, disposition, and personal identification information when submitted by a law enforcement agency or court of this state. The record retention policy of the Department is to maintain criminal history information until the subject of the record reaches 100 years of age.

I obtained an expungement pursuant to Penal Code section 1203.4 for an offense, why is it still on my record?

Section 1203.4 does not obilterate the fact that a defendant has been “finally adjuged guilty of a crime.” It merely frees the convicted felon from certain “penalties and disabilities” of a criminal or like nature.

What if the information on my record is incorrect?

If you feel the information contained within your criminal history record is incorrect, you may submit a formal challenge to the Department of Justice only after you have received a copy of your record from the Department, pursuant to California Penal Code sections 11120-11127. Form BCIA 8706 “Claim of Alleged Inaccuracy or Incompleteness” will be mailed to you along with your record. Submit form BCIA 8706 and any supporting documentation to the Department of Justice at the address provided on the form. The challenge will be reviewed and a written response will be provided, along with an amended copy of your criminal history record if appropriate.

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