11361.7
. (a) Any record subject to destruction or permanent
obliteration pursuant to Section 11361.5, or more than two years of
age, or a record of a conviction for an offense specified in
subdivision (a) or (b) of Section 11361.5 which became final more
than two years previously, shall not be considered to be accurate,
relevant, timely, or complete for any purposes by any agency or
person. The provisions of this subdivision shall be applicable for
purposes of the Privacy Act of 1974 (5 U.S.C. Section 552a) to the
fullest extent permissible by law, whenever any information or record
subject to destruction or permanent obliteration under Section
11361.5 was obtained by any state agency, local public agency, or any
public or private agency that provides services upon referral under
Section 1000.2 of the Penal Code, and is thereafter shared with or
disseminated to any agency of the federal government.
(b) No public agency shall alter, amend, assess, condition, deny,
limit, postpone, qualify, revoke, surcharge, or suspend any
certificate, franchise, incident, interest, license, opportunity,
permit, privilege, right, or title of any person because of an arrest
or conviction for an offense specified in subdivision (a) or (b) of
Section 11361.5, or because of the facts or events leading to such an
arrest or conviction, on or after the date the records of such
arrest or conviction are required to be destroyed by subdivision (a)
of Section 11361.5, or two years from the date of such conviction or
arrest without conviction with respect to arrests and convictions
occurring prior to January 1, 1976. As used in this subdivision,
"public agency" includes, but is not limited to, any state, county,
city and county, city, public or constitutional corporation or
entity, district, local or regional political subdivision, or any
department, division, bureau, office, board, commission or other
agency thereof.
(c) Any person arrested or convicted for an offense specified in
subdivision (a) or (b) of Section 11361.5 may, two years from the
date of such a conviction, or from the date of the arrest if there
was no conviction, indicate in response to any question concerning
his prior criminal record that he was not arrested or convicted for
such offense.
(d) The provisions of this section shall be applicable without
regard to whether destruction or obliteration of records has actually
been implemented pursuant to Section 11361.5.