Department of Corrections and Rehabilitation - Operations Manual

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Chapter 7 – Adult Case Records Information

Article 10 – Legal Status Information

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73010.9.1 Destruction of CI&I Arrest Records Pursuant to H&S Code 11361.5

  • H&SCHealth and Safety Code 11361.5(c) states: “Destruction of records of arrest and/or conviction pursuant to subdivision (a) or (b) of this section shall be accomplished by permanent obliteration of all entries or notations upon such records pertaining to the arrest or conviction, and the records shall be prepared again so that it appears that the arrest or conviction never occurred”.

  • Application for destruction of records as indicated above, must be submitted to and processed by State DOJDepartment Of Justice. Upon being advised by DOJDepartment Of Justice that an application has been approved, these procedures shall be followed in removing the information from all departmental records:

    • Upon receipt of the information from CI&ICriminal Identification and Information that an item(s) has been removed pursuant to H&SCHealth and Safety Code 11361.5, institution/region case records staff shall obliterate all references to the removed material from the Legal Section of the C-file. The new SSCHState Summary - Criminal History shall be inserted into all copies of the Case Summary.

    • Facility case records staff shall then forward the C-File to the assigned counselor. The counselor shall review the entire C-File and other Department records and remove all references to any arrest or conviction which has been removed from the SSCHState Summary - Criminal History pursuant to H&SCHealth and Safety Code 11361.5. Revisions to material in the Case Summary shall require complete redistribution of the corrected material.

    • Region case records staff shall forward the C-File to the regional “Olson” coordinator who shall review the entire C-File and other departmental records and remove all references to any arrest or conviction which has been removed from the SSCHState Summary - Criminal History pursuant to H&SCHealth and Safety Code 11361.5. Revisions to material in the Case Summary shall require complete redistribution of the corrected material. A corrected copy of the Case Summary shall be forwarded to the Parole Agent for placement in the field file.