California Penal Code Section 11105 governs how the state's Department of Justice collects, maintains, and distributes criminal history information. For individuals with a past arrest or conviction, understanding this statute is critical. Criminal records can affect employment, professional licensing, and personal privacy rights, long after a case is closed. At Bulldog Law, we work with clients to ensure their records are accurate, protected, and, when possible, cleared of unnecessary harm.

How Criminal History Information Is Collected and Used

PC 11105 requires the California Department of Justice to compile a centralized repository of criminal history data. This includes full names, aliases, date of birth, physical description, fingerprints, mugshots, arrest records, charges filed, booking information, and case outcomes. While this system helps streamline background checks for public safety and licensing, it can also preserve even minor or dismissed charges in a person's permanent record.

Unfortunately, outdated or inaccurate entries can lead to severe consequences. For example, even a dismissed charge may negatively impact job applications or licensing eligibility. Knowing how to challenge and correct this information becomes vital for clients looking to rebuild their lives.

Who Can Access Your Criminal Record Under PC 11105

Only authorized entities can access criminal history data maintained by the DOJ. These include law enforcement agencies and certain public or licensing bodies. However, agencies must formally authorize staff access to this data—unauthorized access is strictly prohibited.

Defense attorneys must remain vigilant to ensure that unauthorized disclosures are identified and challenged. In cases where criminal record information is improperly accessed, we may invoke legal protections provided by California statutes like Labor Code 432.7 and PC 11105.3. These frameworks help safeguard your data and provide remedies when misuse occurs.

Background Check Protections for Employment Purposes

California labor law includes significant restrictions on how employers can use criminal history during hiring. Labor Code Section 432.7 prohibits asking about arrests that did not lead to convictions. Moreover, the “Ban the Box” law delays background check inquiries until after a conditional job offer is made.

Despite these safeguards, many employers fail to comply, leading to discriminatory practices. Defense attorneys help clients understand their rights and challenge improper rejections. If you were denied a job due to criminal record information, understanding the potential long-term ramifications of a criminal record is essential to asserting your rights and pursuing justice.

Fingerprinting and Licensing Boards in California

California law mandates fingerprint-based background checks for many professional roles—especially those involving access to vulnerable populations or sensitive materials. The Department of Justice returns results from both state and federal databases.

Licensing boards may use this information to approve or deny applications. However, they must weigh several factors: how long ago the offense occurred, the nature of the crime, whether it relates to the profession, and any rehabilitation efforts. Defense attorneys often assist in presenting favorable evidence to licensing boards and challenging decisions based on outdated or irrelevant offenses.

The Live Scan System and Technical Accuracy

The DOJ's Live Scan system allows for digital submission of fingerprints for background checks. While convenient, it also introduces potential technical challenges. A smudged print or misfiled submission can cause long-term record issues, especially when biometric data becomes permanently associated with an individual's criminal profile.

Knowing how Live Scan works helps us guide clients through the process. We ensure submissions are accurate and that any resulting errors are addressed swiftly. This step is critical for avoiding licensing delays or employment denials caused by technical mistakes.

When Unauthorized Disclosures Become a Crime

Improper sharing of criminal history information is a misdemeanor offense in California. These criminal penalties apply to government employees and private actors alike. While pursuing criminal charges for disclosure violations can be difficult, the law also allows for civil action when harm results.

Victims of unauthorized access may be entitled to compensation for emotional distress, lost job opportunities, or reputational harm. Legal action may also force agencies to adopt better safeguards for record confidentiality.

Correcting Errors and Clearing Records

PC 11105 doesn't just regulate who can view your record—it also intersects with your right to correct it. Clients may petition the Department of Justice to fix inaccurate entries, including incorrect charges, misattributed convictions, or clerical errors. This often involves court documentation and legal filings, which our attorneys can manage on your behalf.

In addition to corrections, California law now provides broader access to expungement and record sealing. These tools help clients regain control over their lives by limiting public and private access to older convictions. A successful expungement removes many barriers in job applications, housing, and licenses.

Why Defense Attorneys Must Consider Background Checks

A comprehensive defense doesn't end at sentencing. Legal professionals must anticipate how criminal convictions will affect clients years down the line. This includes job disqualifications, licensing rejections, and reputational damage.

When negotiating a plea or sentencing terms, we work to reduce long-term fallout. For example, choosing a charge that is less likely to trigger licensing bans or one that is eligible for early expungement can change a client's future. This kind of strategic foresight is key to long-term success—and something we prioritize at Bulldog Law.

In serious felony cases, background check consequences may even involve mandatory sentencing enhancements. Knowing how to navigate laws like California’s 10-20-Life law under Penal Code 12022.53 can help limit unnecessary penalties and improve future reintegration prospects.

Understanding Privacy Rights and Psychotherapy Protections

Some individuals facing criminal charges also seek counseling or psychological support. When this occurs, it's important to understand how privacy laws intersect with criminal history regulations. Under the California psychotherapist-patient privilege in criminal cases, certain communications are protected—even in the face of prosecution or background checks.

Our attorneys help ensure that mental health records are safeguarded and not improperly introduced into employment or licensing evaluations, protecting your legal and personal privacy rights.

Criminal Background Check Processes Defense Attorneys in California

At Bulldog Law, we understand that your criminal record affects every aspect of your life—not just your legal case. Whether you're trying to get a job, apply for a professional license, or fix errors in your record, our team is here to help.

We combine in-depth knowledge of California's record, keeping laws with practical strategies for protecting your future. From challenging Live Scan errors to preparing expungement petitions or negotiating favorable plea outcomes, we offer full-service legal defense tailored to long-term success.

Contact Bulldog Law today for a confidential consultation. Let us help you protect your rights and restore your opportunities.