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Article 5. Access To Information of California Penal Code >> Title 3. >> Part 4. >> Chapter 2. >> Article 5.
Nothing in this chapter shall be construed to affect the
right of access of any person or public agency to individual criminal
offender record information that is authorized by any other
provision of law.
Nothing in this chapter shall be construed to authorize
access of any person or public agency to individual criminal offender
record information unless such access is otherwise authorized by
law.
Notwithstanding subdivision (g) of Section 11105 and
subdivision (a) of Section 13305, every public agency or bona fide
research body immediately concerned with the prevention or control of
crime, the quality of criminal justice, or the custody or correction
of offenders may be provided with such criminal offender record
information as is required for the performance of its duties,
provided that any material identifying individuals is not
transferred, revealed, or used for other than research or statistical
activities and reports or publications derived therefrom do not
identify specific individuals, and provided that such agency or body
pays the cost of the processing of such data as determined by the
Attorney General.
(a) Any criminal justice agency may release, within five
years of the arrest, information concerning an arrest or detention of
a peace officer or applicant for a position as a peace officer, as
defined in Section 830, which did not result in conviction, and for
which the person did not complete a postarrest diversion program, to
a government agency employer of that peace officer or applicant.
(b) Any criminal justice agency may release information concerning an arrest of a peace officer or applicant for a position as a peace officer, as defined in Section 830, which did not result in conviction but for which the person completed a postarrest diversion program or a deferred entry of judgment program, or information concerning a referral to and participation in any postarrest diversion program or a deferred entry of judgment program to a government agency employer of that peace officer or applicant.
(c) Notwithstanding subdivision (a) or (b), a criminal justice agency shall not release information under the following circumstances:
(1) Information concerning an arrest for which diversion or deferred entry of judgment has been ordered without attempting to determine whether diversion or a deferred entry of judgment program has been successfully completed.
(2) Information concerning an arrest or detention followed by a dismissal or release without attempting to determine whether the individual was exonerated.
(3) Information concerning an arrest without a disposition without attempting to determine whether diversion or a deferred entry of judgment program has been successfully completed or the individual was exonerated.
(b) Any criminal justice agency may release information concerning an arrest of a peace officer or applicant for a position as a peace officer, as defined in Section 830, which did not result in conviction but for which the person completed a postarrest diversion program or a deferred entry of judgment program, or information concerning a referral to and participation in any postarrest diversion program or a deferred entry of judgment program to a government agency employer of that peace officer or applicant.
(c) Notwithstanding subdivision (a) or (b), a criminal justice agency shall not release information under the following circumstances:
(1) Information concerning an arrest for which diversion or deferred entry of judgment has been ordered without attempting to determine whether diversion or a deferred entry of judgment program has been successfully completed.
(2) Information concerning an arrest or detention followed by a dismissal or release without attempting to determine whether the individual was exonerated.
(3) Information concerning an arrest without a disposition without attempting to determine whether diversion or a deferred entry of judgment program has been successfully completed or the individual was exonerated.
