Form Bcii 8705 PDF Details

In an era where personal information is both a valuable asset and an everyday concern, having access to one's criminal history becomes paramount for individuals seeking to understand or potentially challenge the accuracy of their recorded encounters with the law. The BCII 8705 form, issued by the California Department of Justice and bearing the endorsement of then Attorney General Kamala D. Harris, is a tool designed exactly for this purpose. Serving as an Application to Obtain Copy of State Summary Criminal History Record, it outlines the procedure under California Penal Code Sections 11120 through 11127 for individuals to request their state-managed criminal history. More than just a request form, the BCII 8705 encapsulates an individual's right to access and verify personal data held within the Bureau of Criminal Information and Analysis. It emphasizes a process not only for obtaining one's record but also for disputing inaccuracies, framed around the submission of a fingerprint card, a designated fee or a plea for its waiver due to indigence, and the specification of the request's non-commercial intention. The sequential provisions of the penal code stand as a testament to California's legislative framework for ensuring transparency, accuracy, and fairness in the management of criminal records, illustrating the nuanced intersection of privacy, justice, and personal agency. Through its multifaceted requirements and protections, the BCII 8705 form represents a critical panel in the mosaic of legal rights afforded to individuals in relation to their personal information.

QuestionAnswer
Form NameForm Bcii 8705
Form Length2 pages
Fillable?No
Fillable fields0
Avg. time to fill out30 sec
Other namesundersigned, BCII, materiality, affixing

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KAMALA D. HARRIS

State of California

Attorney General

DEPARTMENT OF JUSTICE

 

 

 

BUREAU OF CRIMINAL INFORMATION AND ANALYSIS

 

P.O. BOX 903417

 

SACRAMENTO, CA 94203-4170

APPLICATION TO OBTAIN COPY OF STATE SUMMARY CRIMINAL HISTORY RECORD

California Penal Code Sections 11120 through 11127 (see reverse side) afford persons an opportunity to obtain a copy of their record, if any, contained in the files of the California Bureau of Criminal Information and Analysis and refute any erroneous or inaccurate information contained therein.

This application is not to be used to obtain a copy of your record to furnish to another person or agency for immigration, visa, employment, licensing, or certification purposes (refer to Penal Code Section 11125 on the reverse). Please show the reason for your request in the space provided below.

A standard 10-print fingerprint card with the applicant’s fingerprints imprinted thereon, containing the name, descriptive data and mailing address of the applicant and a fee of twenty-five dollars($25) in the form of a personal check drawn on a U.S. bank, money order, certified check, or cashier’s check made payable to the California Department of Justice must

accompany this application.

A fee waiver may be obtained if a claim, signed under penalty of perjury, and proof of indigence is submitted, pursuant to Penal Code Section 11123.

The undersigned hereby applies to obtain a copy of his/her State Criminal History Record: TYPE OR PRINT

Name

 

 

LAST NAME

FIRST NAME

MIDDLE NAME

Mailing Address

 

 

 

 

 

 

 

NUMBER

STREET

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CITY

STATE

ZIP CODE

Date of Birth ______/______/______

Telephone Number

 

 

 

 

Reason for application

 

(DAY TIME)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SIGNATURE OF APPLICANT

DATE

MAIL TO: California Department of Justice, Record Review Unit, P.O. Box 903417, Sacramento, CA 94203- 4170.

If you have any further questions regarding the completion of this form, contact the Record Review Unit at (916) 227- 3835.

For inquiries regarding the status of your record review request, please contact us at (916) 227-3849.

BCII 8705 (Rev. 01/07)

CALIFORNIA PENAL CODE

Article 5. Examination of Records

11120. As used in this Article, “record” with respect to any person means the state summary criminal history information as defined in subdivision (a) of Section 11105, maintained under such person’s name by the Department of Justice.

11121. It is the function and intent of this article to afford persons concerning whom a record is maintained in the files of the bureau an opportunity to obtain a copy of the record compiled from such files, and to refute any erroneous or inaccurate information contained therein.

11122. Any person desiring a copy of the record relating to himself shall obtain an application form furnished by the department which shall require his fingerprints in addition to such other information as the department shall specify. Applications may be obtained from police departments, sheriff departments, or the Department of Justice. The fingerprinting agency may fix a reasonable fee for affixing the applicant’s fingerprints to the form, and shall retain such fee.

11123. The applicant shall submit the completed application directly to the department. The application shall be accompanied by a fee not to exceed twenty-five dollars ($25) that the department determines equals the cost of processing the application and providing a copy of the record to the applicant. All fees received by the department under this section are hereby appropriated without regard to fiscal years for the support of the Department of Justice in addition to such other funds as may be appropriated therefor by the Legislature. Any request for waiver of fee shall accompany the original request for the record and shall include a claim and proof of indigency.

11124. When an application is received by the department, the department shall determine whether a record pertaining to the applicant is maintained. If such record is maintained, the department shall furnish a copy of the record to the applicant or to an individual designated by the applicant. If no such record is maintained, the department shall so notify the applicant or an individual designated by the applicant. Delivery of the copy of the record, or notice of no record, may be by mail or other appropriate means agreed to by the applicant and the department.

11125. No person or agency shall require or request another person to furnish a copy of a record or notification that a record exists or does not exist, as provided in Section 11124. A violation of this section is a misdemeanor.

11126. (a) If the applicant desires to question the accuracy or completeness of any material matter contained in the record, he or she may submit a written request to the department in a form established by it. The request shall include a statement of the alleged inaccuracy or incompleteness in the record, and its materiality, and shall specify any proof or corroboration available. Upon receipt of the request, the department shall review the record to determine if the information correctly reflects the source documents, and if it does not, the department shall make the necessary corrections and shall provide the applicant with a corrected copy of the record. If the accuracy of the source documents is questioned, the department shall forward it to the person or agency which furnished the questioned information. This person or agency shall, within 30 days of receipt of the written request for clarification, review its information and forward to the department the results of the 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 shall so inform the department, which shall correct the record accordingly. The department shall inform the applicant of its correction of the record under this subdivision within 30 days. The department and the agency shall notify all persons and agencies to which they have disseminated the incorrect record in the past 90 days of the correction of the record, and the applicant shall be informed that the notification has been given. The department and the agency shall also notify those persons or agencies to which the incorrect record has been disseminated which have been specifically requested by the applicant to receive notification of the correction of the record, and the applicant shall be informed that the notification has been given.

(c)If the department or the agency denies the allegations of inaccuracy or incompleteness in the record, the matter shall be referred for administrative adjudication in accordance with Chapter 5 (commencing with Section 11500) of Part 1, Division 3, Title 2 of the Government Code for a determination of whether inaccuracy or incompleteness exists in the record. The department shall be the respondent in the hearing. If a material inaccuracy or incompleteness is found in any record, the department and the agency in charge of that record shall be directed to correct it accordingly. The department and the agency shall notify all persons and agencies to which they have disseminated the incorrect record in the past 90 days of the correction of the record, and the applicant shall be informed that notification has been given. The department and the agency shall also notify those persons or agencies to which the incorrect record has been disseminated which have been specifically requested by the applicant to receive notification of the correction of the record, and the applicant shall be informed that the notification has been given. Judicial review of the decision shall be governed by Section 11523 of the Government Code. The applicant shall be informed of the decision within 30 days of its issuance in accordance with Section 11518 of the Government Code.

11127. The department shall adopt all regulations necessary to carry out the provisions of this article.

BCII 8705 (Rev. 01/07)

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