How do I correct an inaccurate California DOJ criminal record?

Request your own California Department of Justice (DOJ) record, compare the disputed entry with the court’s final orders, and identify where the error began. A DOJ entry that differs from a correct court record can be challenged through DOJ’s record-review process. If the court’s source record is wrong, that record also needs attention. An original arrest charge may legitimately differ from the final conviction, and some forms of dismissal leave a conviction visible with an updated notation.

Match the records by case number and outcome

Gather the charging document, plea or verdict, judgment and minute order, any later court order, and your own DOJ criminal-history record. Compare the county, case number, conviction date, offense description, and statute code. A charge that was reduced or amended may properly end with a different conviction code. The court’s final judgment and later orders are the key comparison, not just the original arrest charge.

If the court record appears correct but the DOJ entry does not match it, use DOJ’s own-record review process and form BCIA 8706 to challenge the inaccurate or incomplete information. DOJ says the challenge should identify the material inaccuracy and include corroborating proof; its statute also directs DOJ to correct information that does not reflect the source record and to refer disputed source documents to the originating agency. (California DOJ: Request Your Own Record; Penal Code § 11126) A person must request their own DOJ summary; this process is not a way to obtain or change another person’s record.

If the court’s judgment itself appears to contain the wrong code, ask the court clerk or a lawyer which court record needs review. DOJ’s fingerprint guidance also directs people to follow up with the court when the source court information is incorrect. (California DOJ: Fingerprint Background Checks) A DOJ challenge cannot by itself change a valid court judgment, and a code correction is not the same as undoing a conviction.

If a dismissal or relief order is missing

Compare the signed relief order, its date and case number with the DOJ entry. Identify whether the court dismissed charges before conviction, granted a postconviction dismissal under Penal Code section 1203.4, sealed a record, or granted another remedy. A section 1203.4 dismissal does not make the underlying conviction disappear from DOJ’s record. (California DOJ: Fingerprint FAQ)

Ask the filing court whether the order was transmitted and whether its source entry is accurate. Include the signed order with a focused DOJ challenge describing the missing notation. For automatic relief, DOJ’s monthly eligibility review is separate from confirming that a particular court order was received and recorded; it is not a promised date for your individual update. (California DOJ: Automatic Record Relief FAQ)

Keep the original reports, signed orders, and any challenge correspondence together. If you dispute an entry, state exactly which record is wrong and attach the document that supports the correction. For help comparing the court disposition with an official record, contact the Law Offices of David S. Chesley at (800) 755-5174.