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RELEASE OF CRIMINAL OFFENDER RECORD INFORMATION
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RELEASE OF CRIMINAL OFFENDER RECORD INFORMATION
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Last modified
1/3/2012 1:31:41 PM
Creation date
7/21/2010 9:09:15 AM
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Legal Opinions
Description
RELEASE OF CRIMINAL OFFENDER RECORD INFORMATION
Date
1/13/1975
Agency
Police
Notes
OPINION 75-2
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OFFICE OF THE CITY ATTORNEY <br />OPINION NO. 75-2 <br />JANUARY 13, 1975 <br />SUBJECT: Release of Criminal Offender Record <br />Information (Rap Sheets) <br />REQUESTED BY: Chief of Police <br />OPINION BY: James A. Withers, City Attorney <br />by Robert C. Sangster, Deputy <br />QUESTION: May a criminal record obtained from the <br />Department of Justice be disclosed to <br />City Councilmen? <br />ANSWER: No. Neither the criminal record obtained from <br />the Department of Justice nor information ob- <br />tained from a record may be disclosed to or <br />possessed by City Councilmen. Such information <br />may not be used in evaluating ABC applications, <br />administering license ordinances or in personnel <br />matters. However, the Council can receive the <br />opinion of the Chief of Police that a person's <br />record meets or does not meet specific standards <br />that are established. <br />ANAT,YSIS <br />We have been requested to render an opinion on the disclosure <br />of criminal record information from the Department of Justice. <br />The Attorney General is responsible for the security of <br />criminal record information. (Pen. Code X11077). This information <br />is maintained by the criminal record security unit of the California <br />Department of Justice. The record information may be disseminated only <br />to agencies authorized by statute (Pen. Code X11076). However, such <br />limitations do not affect the access of any person or agency to infor- <br />mation authorized by any other provision of law (Pen. Code X11080). <br />The Department of Justice maintains a centralized record of <br />the nature and disposition of criminal charges brought against persons. <br />Much of this information is gleaned from public records, such as court <br />records, and probation files, which may not be open to the public. <br />Because of the centralization of this information and the possibility <br />of its misuse, there are severe limitations on its dissemination. <br />Pen. Code X11105 contains the basic limitation. The informa- <br />tion is only to be furnished to peace officers, district attorneys, <br />probation officers, courts of the state, and other enumerated <br />recipients. The application must be accompanied by a <br />-4- <br />
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