How to get a background check to see what’s on it? Obtaining your police record and verifying the information it contains is extremely important, as it will help you detect potential errors, such as solved cases appearing as open or incorrect personal information, which could be an obstacle to employment, housing, studies and even immigration procedures.
Once you obtain your criminal record, you can correct it, seek expungement, and move on with your life. We’ll explain the steps below.
Key Takeaways
- Reviewing police records allows for the detection of errors, and anticipate what employers will see and prepare for immigration procedures or professional licenses.
- In California, the process is done via Live Scan, using form BCIA 8016RR, paying the corresponding fee and receiving the history directly from the DOJ.
- Interpreting the record involves reviewing personal data, arrests, charges, court orders and final status of the case, and errors can be corrected using form BCIA 8706.
Why is it important to check your police record?
Reviewing your police record certificate is important because it lets you know exactly what information is officially on file about you, preventing surprises and helping you make informed decisions, as well as being able to stay calm when there’s a background check for employment. In other words, it will allow you to:
- Know what information employers will see: Many companies conduct background checks before hiring. Reviewing your record helps you anticipate what might come up and prepare to explain it.
- Detect errors or outdated information: It’s common to find duplicate records, closed cases that remain active, or charges that should be deleted. Viewing your record allows you to correct these issues before they affect you.
- Protect your legal and personal reputation: If there are issues you were unaware of, you can seek advice and resolve pending situations before they escalate.
- Carry out migration processes: Visa, residency, or citizenship applications typically require a clean record, or at least clarity regarding your history. Reviewing it allows you to prepare.
- Process professional licensing procedures: Licenses in health, safety, transportation, childcare, and other fields require background checks. Knowing your record helps you avoid unexpected rejections.
- Verify that an expungement or sealing has been performed correctly: If you requested to have your record cleared, you must confirm that it actually does not appear in the police database.
- To be safe and calm: Knowing your actual legal status avoids misunderstandings with authorities and helps you keep your documents in order.
How to get a background check in California?
It depends somewhat on the type of “police record” required—state criminal background check, arrest summary, etc.—but in the state of California, the Department of Justice (DOJ) indicates that you can only request criminal records held by the DOJ. So, if you are wondering how to run a background check on someone, the DOJ does not allow third party requests.
In the case of judicial decisions, sentences or documents from local courts, you have to request them from the corresponding court since not all of them are kept by the Department of Justice.
How to obtain a police record step by step:
- Complete the appropriate form — “Record Review”
- Fill out the BCIA 8016RR (Request for Live Scan Service) form
- In the form, mark “Record Review” as “Type of Application” and “Reason for Application” as “Record Review”.
- Fill out the BCIA 8016RR (Request for Live Scan Service) form
- Get your fingerprints taken (Live Scan)
- You must go to an authorized “Live Scan” location — this could be at police departments, sheriff’s offices, or authorized public sites.
- Bring a valid ID and the completed form.
- You must go to an authorized “Live Scan” location — this could be at police departments, sheriff’s offices, or authorized public sites.
- Pay the applicable fee
- Currently, the DOJ’s base fee for processing your history is US$25, but please verify as this may vary.
- If you qualify, you can apply for a fee waiver, for example if you have proof of government assistance, unemployment, or other aid.
- Currently, the DOJ’s base fee for processing your history is US$25, but please verify as this may vary.
- Submit your application
- The Live Scan operator electronically sends your fingerprints + form to the DOJ.
- If you are outside of California, you must instead use a manual fingerprint form (hard-copy, such as FD-258 Fingerprint Card) and mail it along with your information and fee.
- The Live Scan operator electronically sends your fingerprints + form to the DOJ.
- Receive your personal criminal history
- The DOJ mails you a “Record Review” with your history. You can use that copy to review what is on record about you.
- If you see incorrect or incomplete information, you can initiate a dispute process using form BCIA 8706 (“Claim of Alleged Inaccuracy or Incompleteness”).
- The DOJ mails you a “Record Review” with your history. You can use that copy to review what is on record about you.
Possible limitations to consider
Since criminal records are confidential, they cannot be released to employers or unauthorized third parties, according to regulations in the California Penal Code. If you need certified documents for official purposes (visas, immigration procedures, courts, or other government agencies), the document you obtain with a Record Review may not be sufficient. In such cases, a certified version or even a clearance letter or other official letter may be required.
On the other hand, if the record you are looking for is in a local court (county court), you may have to request it directly from that court.
When you get a police record, how should you interpret it?
When you receive your criminal record, it’s normal to feel overwhelmed by the codes, abbreviations, and legal terms. The following information can help you interpret it correctly.
1. Personal and identification data
The first section usually includes:
- Full name and alias
- Birthdate
- Direction (sometimes)
- Identifiers such as case number, CII/state ID, or FBI number.
- Associated fingerprints
What to check here?
- Make sure your name is spelled correctly.
- That your date of birth is correct
- That there be no aliases that do not belong to you
- That the identification number corresponds to you
If something is wrong, this could mean that someone used your identity or that there was an administrative error.
2. Arrest Records
Information after a police background check, such as the following, appears here:
- Date of arrest
- Agency that made the arrest
- Arrest number
- Charges reported by the police
How to interpret it:
- If an arrest appears, it does not mean condemnation.
- This section only indicates that you was arrested and why, but not the outcome of the case.
3. Charges Filed by the Prosecutor’s Office
The District Attorney decides whether an arrest becomes:
- Formal charges (filed)
- Reduced charges (amended)
- Charges dismissed (dismissed / rejected)
The charges that actually count toward your legal record are the “formal charges”, not necessarily those indicated by the police at the time of the arrest.
4. Court Disposition
This is the most important part of the record, because it how did the case ended.
It may include:
- Dismissed→ dismissed
- Acquitted→ declared innocent
- Convicted→ condemned
- Deferred entry of judgment→ diversion program
- No contest (I do not contest)→ no dispute
- Plea→ plea agreement
It also shows:
- Date of trial or hearing
- Judgment
- Fines
- Probation
- Class orders, programs, or community service
5. Level of the crime (Severity Level)
In the US (including California), each position has a level:
- Misdemeanor→ minor offense
- Felony→ serious crime
- Infraction→ infraction (such as a fine)
Interpretation:
- Felonies are the most serious crimes.
- Misdemeanors can affect employment, but less than in case of felonies.
- Infractions rarely impact their work record.
6. Final case status (Disposition Status)
It may appear as:
- Closed / Completed→ case closed
- Open / Pending→ case still open
- Sealed→ sealing
- Expunged→ deleted or removed from public access
- Warrant issued→ outstanding arrest warrant (very important)
If “open” or “warrant” appears, you should seek legal advice immediately.
7. Compliance History (Supervision / Probation / Parole)
They can indicate if:
- The person completed their probation.
- There were probation violations
- If there was jail or prison time served
- If the person completed the required programs
This may affect you remployment, migration and professional licenses.
8. Common Seals, Codes and Abbreviations
Some examples:
- DISM → Dismissed
- CONV → Convicted
- THEIR → Suspended sentence
- PC → Penal Code
- VC → Vehicle Code
- HS → Health & Safety Code
Final tips for interpreting your record
- Read the “Disposition” section first (it’s the most important part).
- Don’t be alarmed by seeing a lot of numbers: some are administrative.
- If in doubt, check each charge individually.
- Keep a copy for future reference.
- If you see errors, you can request a formal correction.
Remember that a criminal defense attorney can help you in requesting and interpreting your criminal record. Contact us at SB Legal, we are in San Diego, ready to support you and offer you a free initial consultation.
Summary
Reviewing and obtaining your police record is essential to know exactly what official information exists about you, correcting errors, avoiding problems when seeking employment, housing, or professional licenses, and adequately preparing for legal or immigration proceedings. In California, the process is done through Live Scan and form BCIA 8016RR, and the Department of Justice sends a personal history that allows you to verify information, detect inaccuracies, and request corrections.
Understanding how to read this document—including arrests, charges, court orders, and final case statuses—is key to protecting your legal standing and planning necessary steps, such as requesting a seal or resolving pending cases.
Frequently Asked Questions
How long does it take to receive the police record after performing a Live Scan?
The processing time can vary depending on the Justice Department’s workload, but “Record Review” responses typically arrive by mail within approximately 3 to 7 business days. During peak periods, it may take slightly longer, but it is generally faster than background checks requested by employers or external agencies.
Can I complete the process if I don’t have a Social Security number?
Yes. For a personal record review, the DOJ does not require a Social Security number. Simply present a valid ID and complete the form correctly. The Live Scan operator will send your fingerprints and biometric data, which is sufficient for the DOJ to locate or generate your record.
What if I’ve never been arrested or charged with a crime? Will I still receive a document?
Yes. Even if you have no criminal record, the DOJ will send a report that typically indicates no records were found associated with your fingerprints. This is helpful because it provides official confirmation that your record is clean and ready for personal, legal, or administrative purposes.