Statute · California Penal Code

Cal. Penal Code § 13203 — Access to Information

Cal. Penal Code § 13203

Type
Statute
Source
California Penal Code
Jurisdiction
California
Date
2022-01-01
Current through
Nov 2, 2026 (California Legislative Counsel)

(a) A criminal justice agency may release, within five years of the arrest, information concerning an arrest or detention of a peace officer, as defined in Section 830, an applicant for a position as a peace officer, a nonsworn employee of a criminal justice agency, or an applicant for a…

Citator

Cal. Penal Code § 13203 — Access to Information is in force in the current edition of the Code, and nothing recorded condemns it.

(a) A criminal justice agency may release, within five years of the arrest, information concerning an arrest or detention of a peace officer, as defined in Section 830, an applicant for a position as a peace officer, a nonsworn employee of a criminal justice agency, or an applicant for a nonsworn position within a criminal justice agency that did not result in conviction, and for which the person did not complete a postarrest diversion program, to a governmental agency employer of that employee or applicant.

(b) A criminal justice agency may release information concerning an arrest of a peace officer, as defined in Section 830, an applicant for a position as a peace officer, a nonsworn employee of a criminal justice agency, or an applicant for a nonsworn position within a criminal justice agency that 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 governmental agency employer of that employee 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.