Section 11126 Of Article 5. Examination Of Records From California Penal Code >> Title 1. >> Part 4. >> Chapter 1. >> Article 5.
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
document, 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 document 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 material
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 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. 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.