Privileged and Confidential Attorney-Client and Work Product Document
BCAP Legal Consultation Worksheet
Client Name:
Date:
Advocate:
Name of the employer/company:
Position/Title:
Check one:
First time applicant denied job
Rescinded offer
Denied promotion
Terminated
N/A
If applying for a new job or a promotion, when did client apply?
Did the employer run a background check on client or ask client to submit to a live scan (fingerprinting)?
Were client given an offer of employment that was conditioned on passing a background check or live scan?
Did the employer get client written permission before running the background check? An employer may not
run a background check without first obtaining permission from applicant/employee, except when the report
is sought under suspicion of wrongdoing or misconduct. Cal. Civil Code § 1786.16(a)(2)/ 15 U.S.C. §
1681b(b)(2).
Was there a box on the job application that client could check to request a copy of client background check?
The applicant/employee must be provided an opportunity to request a copy of the report at the time that he
or she authorized the employer to run the background check. Cal. Civil Code § 1786.16(b)(1).
If client requested a copy of client background check report at the time client applied, did the employer give
client a copy? If client request a copy, the employer must provide a copy within 3 business days of receiving
the report. Cal. Civil Code § 1786.16(b)(1).
Were client denied or terminated from a job after the background check was run?
If client were (denied job, had job offer rescinded/denied promotion/terminated), did the employer give
client a copy of the background check?
BEFORE an adverse action, an employer must provide the following at least 5 days before the adverse action
is taken:1) a copy of the report and2) the Federal Trade Commission (FTC) Summary of Rights. 15 U.S.C. §
1681b(b)(3).
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
AFTER an adverse action, an employer must give the subject of the report the name and address of the
consumer reporting agency which generated the report. Cal. Civ. Code § 1786.40(a) / 15 U.S.C. § 1681m(a).
Does client have a copy of the background check?
Check the background check for errors. Make copy of background check as well as any other relevant
documents (i.e. minute order from court). Send correction letter via certified mail.
Did you advise client about documenting past employment (approximate dates of employment, wages,
reason for leaving) and going forward, future efforts to gain employment (keep running list of places where
applied, keep emails sent to employers with application materials, keep copies of electronic applications)?
2921 Adeline Street, Berkeley, CA 94703
Phone: (510) 548-4040
Facsimile: (510) 548-2566
Clean Slate Practice
Brief Service Intake Form
CONFIDENTIAL
NAME:
(Last Name)
(First Name)
/
TODAY'S DATE:
/
SSN:
(Middle Name)
ADDRESS:
(Street/Apt #)
(City)
PHONE:
MESSAGE PHONE:
BIRTH DATE:
AGE:
(Zip)
Detailed Message OK?
GENDER:
EMAIL:
(State)
M
F
TG
TS
Yes
No
Other
HOW DID YOU HEAR ABOUT US?:
We are required to report anonymous statistical information regarding the clients we serve to our funders.
The following information is reported to funders as anonymous statistical information only and is otherwise confidential.
ETHNICITY:
Hispanic
Non-Hispanic
PRIMARY LANGUAGE (if not English):
RACE:
Please check all
races that apply.
If Hispanic, also
select a race.
White
Amer. Indian or Alaskan Native
Asian & White
Black or African American (AA)
Amer. Indian or Alaskan Native & White
Black or AA & White
Asian
Native Hawaiian/Other Pacific Islander
Amer. Indian or Alaskan Native & Black or AA
ARE YOU A U.S. CITIZEN?
DISABILITY?
Yes
Yes
PERSONAL STATUS:
HOUSEHOLD SIZE:
ARE YOU REGISTERED
TO VOTE IN CALIFORNIA?
No
Married
Divorced
Separated
NUMBER OF DEPENDENT CHILDREN:
Widowed
Domestic Partner
Are you the head of household?
Yes
ARE YOU CURRENTLY A VICTIM OF DOMESTIC VIOLENCE OR SEXUAL ASSAULT?
MONTHLY
No
Nature of Disability:
No
Single
Yes
TANF
(CalWORKs)
Child Supp:
GA:
SDI:
Pension:
SSDI:
SSI:
Unemp:
Wages:
Other:
(If other specify source:
VA benefits:
CURRENT HOUSING:
Permanent
Non-Permanent (homeless/shelter/transitional)
Yes
No
No
None:
Food Stamps:
Chronically Homeless
In seeking assistance in addressing my criminal record, my goals are:
Legal Advice and Referral Only--No Representation
Conflict of Interest Waiver and Income Certification
Unless otherwise stated in a written retainer agreement, the East Bay Community Law Center provides legal information, referrals and
advice only, which shall not create a future or continuing relationship with EBCLC or volunteer attorneys staffing our clinics, workshops and
intake. Due to the short-term and limited nature of the legal services provided, it is not possible for EBCLC to systematically screen for
conflicts of interest as is generally required. I am informed, understand, and waive all unknown conflicts of interest that may arise during the
course of limited legal services provided to me at this time. I also hereby certify that, to the best of my knowledge, the above information,
including income is true and correct. I understand income information is subject to verification only by authorized HUD and or City officials.
Signature
FOR OFFICE USE ONLY
Client Intake Given at:
OAK
Is client on probation?:
No
HHJ
Yes
EBCLC
If yes:
Phone
Felony
Workshop Location:
Misdo.
Is client 290 registrant?:
44
Yes
No
Notes:
Sent for Alameda County RAP
Sent to request police report
Sent to check on fines, fees, and rest.
Given immigration referrals
Sent for DOJ RAP
Sent to request BCAP report
Advised of BCAP employment rights
Informed of voting rights
Sent to collect letters of support
Sent to homeless court
Sent to request employment docs.
Out-of-county reentry referrals:
Other service referrals:
Vol. attorney / student name:
Staff attorney name:
Vol. attorney / student time:
Staff attorney time:
Opening Code(s):
Closing Code(s):
Outcome Code(s):
1-Dismissal P.C. 1203.4/1203.4a
2-Felony reduction P.C. 17(b)
3-Early release from probation P.C. 1203.3
4-Seal and destroy arrest record P.C. 851.8
5-Section 8 termination for criminal record
6-Certification/Licensing denial for criminal record
7-Juvenile record sealing
8-DOJ record request
9-Sealing - Drug diversion P.C. 851.90
10-Certificate of rehabilitation P.C. 4852.01 et.seq
11-Employment issues due to criminal record
12-Erroneous RAP Sheet
13-Erroneous commercial criminal record
14-Out of Country/out of state criminal record
15-DMV issues due to criminal record
16-Penal Code section 290 registration issues
17-Immigration Issues
18-Other(education issues;voting;guns;
child custody;warrants;prison visiting, etc.)
19-Eligible for infraction
20-Public benefits issues due to criminal record
21-Education issues due to criminal record
22-Gun rights due to criminal records
23-Prison/jail visitation issues due to criminal record
24-Family law issues due to criminal record
1-Administrative Agency Decision - unfavorable
2-Administrative Agency Decision - favorable
3- Advice and Counsel
4- Brief Service
5- Change in Eligibility Status
6- Client Withdrew; Never Returned
7-Court Decision - favorable
8-Court Decision - unfavorable
9-Insufficient Merit to Proceed
10-Jury Verdict - favorable
11-Jury Verdict - unfavorable
12-Case Dismissed
13-Negotiated Settlement with Litigation
14-Negotiated Settlement without Litigation
15-Other
16-Referred After Legal Assessment
17-Information and Referral
18-Sent Pro Per
1- Obtained desired occupational license/exemption
request.
2- Occupational license restored
3- Licensing exemption request license denied.
4- DMV advocacy successful
5- BCAP demand letter successful, client paid
6- BCAP demand letter unsuccessful
7- Referred for outside representation
8- Sent client for RAP sheet
9- Ineligible for Clean Slate services at this time
10-Pro Per petition - Granted
11-Pro Per petition - Denied
12-Pro Per petition - Client did not file
13-DMV advocacy unsuccessful
14-RAP sheet correction advocacy successful
15-RAP sheet correction advocacy unsuccessful
16-Employment advocacy successful
17-Employment advocacy unsuccessful
18-Pardon granted
19-Pardon Denied
20-Client involved in media strategy
21-Client involved in policy work
22-Family law advocacy successful
23-Family law advocacy unsuccessful
24-Section 290 (sex offender) advocacy successful
25-Section 290 (sex offender) advocacy unsuccessful
26-Educational advocacy successful
27-Educational advocacy unsuccessful
28-Housing advocacy successful
29-Housing advocacy unsuccessful
30-Juvenile record advocacy successful
31-Juvenile record advocacy
32-Voter registration successful
Date closed:
form revised 8/21/12
/
/
CERTIFICATES OF REHABILITATION (Cal Pen Code § 4852.01 et seq.)—FELONIES
Note: A COR will not relieve § 290 registration duty for those required to register following a conviction for the serious sex offenses listed in Cal PC § 290.5(a)(2)
F
E
L
O
N
I
E
S
Yes
Was Client ever convicted of any of the
following: §§ 288, 288a(c), 286(c),
289(j), or 288.5?
Client is ineligible for a COR in any case. Client is
possibly eligible to petition the Governor directly for
a pardon.
No
Was Client sentenced to California state
prison in this case?
Yes
No
Have the requisite rehab period passed
since Client was released from prison?
No
Was Client convicted of a wobbler
felony in this case?
Yes
Client is currently ineligible unless an
early COR serves the interests of
justice. See PC § 4852.22
Yes
Has Client had any negative contact
with law enforcement during the rehab
period?
No
Consider a § 17(b) felony reduction, §
1203.4 relief, and a misdemeanor COR
petition.
Has this conviction been dismissed per
§ 1203.4/1203.4a/1203.41?
No
Yes
Yes
No
Client is currently ineligible unless an
early COR serves the interests of
justice. See PC § 4852.22
Have all of Client’s other eligible
convictions been dismissed per §§
1203.4/1203.4a/1203.41?
No
Best practice (not a statutory
requirement) is to have all eligible
convictions first dismissed per §§
1203.4/1203.4a/1203.41.
Yes
Best practice (not a statutory
requirement) is to have all eligible
convictions first dismissed per §§
1203.4/1203.4a/1203.41.
No
Has Client continuously resided in
California for the last 5 years?
No
Yes
5 years of continuous CA residence
immediately preceding COR petition
required. Client is currently ineligible
unless an early COR serves the interests
of justice. See PC § 4852.22
No
Yes
Best practice (not a statutory
requirement) is to have all eligible
convictions first dismissed per §§
1203.4/1203.4a/1203.41.
Has Client served any time in jail or
prison in any case since this conviction
was dismissed per § 1203.4?
Yes
Client is eligible to apply for a COR!3
Yes
Client is currently ineligible unless an early
COR serves the interests of justice. See PC § 4852.22
5 years of continuous CA residence immediately preceding
COR petition required. Client is currently ineligible unless
an early COR serves the interests of justice. See PC § 4852.22
Have all of Client’s other eligible
convictions been dismissed per §§
1203.4/1203.4a/1203.41?
No
Client is ineligible for a COR in this
case.
Has Client had any negative contact
with law enforcement during rehab
period?
No
Has Client continuously resided in
California for the last 5 years?
Yes
Client is eligible to apply for a COR!3
Past administrations have granted very, very few pardons. Governor Brown has granted more.
Note: There is a 9 year period of rehabilitation for murder, sabotage, kidnapping, trainwrecking, assault with a deadly weapon by a Lifer, and mayhem; a 10 year period of rehabilitation for § 290 convictions, except for convictions under §§ 311.2(b-d), 311.3, or
311.10, which have a 7 year period of rehabilitation.
3
In almost all cases, a court may not deny COR petition with prejudice. See People v. Lockwood, 66 Cal. App. 4th 222, 228 (1998).
Rev. 01/14
2921 Adeline Street, Berkeley, CA 94703
·
t 510.548.4040 f 510.548.2566
www.ebclc.org
CERTIFICATES OF REHABILITATION (Cal Pen Code § 4852.01 et seq.)—MISDEMEANORS
Note: A COR will not relieve § 290 registration duty for those required to register following a conviction for the serious sex offenses listed in Cal PC § 290.5(a)(2)
M
I
S
D
E
M
E
A
N
O
R
S
Was Client ever convicted of any of the
following: §§ 288, 288a(c), 286(c),
289(j), or 288.5?
No
Yes
Client is ineligible for a COR in any case. Client is
possibly eligible to petition the Governor directly for
a pardon.
Is Client seeking a COR for a
misdemeanor sex offense listed in §
290?
Yes
No
Has this conviction been dismissed per
§ 1203.4?
No
Yes
Client is currently ineligible until
conviction is dismissed per § 1203.4.
Client is ineligible to apply for a COR
in this case. Conviction may be eligible
for a § 1203.4/1203.4a dismissal.
Have all Client’s other eligible
convictions been dismissed per §
1203.4?
No
Yes
Best practice (not a statutory requirement) is to have
all eligible convictions first dismissed per §§
1203.4/1203.4a/1203.41 before petitioning for a
COR.
Has Client served any time in jail or
prison since this conviction was
dismissed?
Yes
No
Client is ineligible for a COR in this
case.
Has Client had any negative contact
with law enforcement in the last 10
years?
Yes
No
Client is currently ineligible (10 years
of successful rehabilitation required).
Has Client continuously resided in
California for the last 5 years?
No
Yes
Client is currently ineligible (5 years of continuous CA
residence immediately preceding COR petition required).
Client is eligible to apply for a COR!4
Recent administrations have granted very, very few pardons.
Note: For convictions under §§ 311.2(b-d), 311.3, or 311.10, the requisite rehabilitation period is 7 years.
But see People v. Ramirez, 2009 Cal. App. Unpub. LEXIS 9440 (Trial court may grant COR to petitioner, even if petitioner has violated the law during the period of rehabilitation).
4
In almost all cases, a court may not deny COR petition with prejudice. See People v. Lockwood, 66 Cal. App. 4th 222, 228 (1998).
Rev. 01/14
2921 Adeline Street, Berkeley, CA 94703
·
t 510.548.4040 f 510.548.2566
www.ebclc.org
DATE
Re:
Dispute of consumer report on Client
To Whom It May Concern:
I represent Client concerning a criminal record check issued by Vendor on December 12,
2011 (copy enclosed). This letter constitutes a dispute of that consumer report.
The report indicates that Client’s record contains two drug charges resolved as of
February 20, 2009. In fact, those charges had been expunged by court order dated April
14, 2010 (copy enclosed). That order was implemented by the Pennsylvania State Police
(PSP) on May 5, 2010 (certification enclosed). As a result of this expungement, Client
does not have a criminal record (PSP certification enclosed).
We insist that this inaccurate report, and your database, be corrected immediately to
reflect the expungement, and that an accurate report be sent to your client.
Should there be any questions, please contact me at …
Very truly yours,
ADVOCATE
Enclosures
cc: Client
The Truth about Voting with a
Criminal Record in California
I have a felony conviction or juvenile adjudication on my record. Can I still vote?
Yes! As long as you are at least 18 years old, a U.S. citizen, out of prison and off felony parole.*
Can I vote while I’m on probation?
YES
NO
YES
Yes! You can vote even if you are currently on probation, regardless of whether your conviction is for
a felony or misdemeanor, or your probation is supervised (felony or formal probation or banked) or
unsupervised (court or misdemeanor probation).*
Can I vote even if I’ve been to prison in the past?
NO
YES
Yes! As long as you are out of prison and off felony parole now, you are eligible to vote.*
NO
Can I vote if I am currently in jail?
YES
Yes! You can vote if you are in jail serving a sentence for a misdemeanor or a felony conviction that
did not result in a prison or a Realignment (PC § 1170(h)) sentence. Ask a friend or family member to
send you a voter registration form and request an absentee ballot to vote by mail. Use your jail
address if you will be in jail on election day; use your home address if you will be released before
election day.*
I have a pending felony charge. Can I still vote?
NO
YES
Yes! You can vote even if you are currently charged with a felony if you have not been convicted and
sentenced to state prison or under Realignment (PC § 1170(h)) at the time of the election.
NO
Do my civil rights have to be restored after my release from prison or parole
before I can vote?
YES
No! There is nothing you need to do to restore your voting rights once you are off felony parole. Just
register or re-register to vote. Go to registertovote.gov
NO
*Note: If you were convicted of a felony under Realignment (PC § 1170(h)) and are serving that sentence
in jail (county prison), or are under mandatory Realignment probation supervision, or are on PostRelease Community Supervision (PRCS), you can vote when your sentence is over.
Questions? Call EBCLC’s Clean Slate Practice: 510-548-4040
THE NEXT ELECTION IS ON NOVEMBER 4, 2014 - REGISTER BY OCTOBER 20, 2014
To register, all you need to do is complete a voter registration form and put it in the
mail. Or you can register online: REGISTERTOVOTE.CA.GOV
EAST BAY COMMUNITY LAW CENTER – CLEAN SLATE PRACTICE
t 510.548.4040
f 510.548.2566
www.ebclc.org
2921 Adeline Street, Berkeley, CA 94703
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
__________________________________
NJ
:
: CIVIL ACTION
Philadelphia, PA 191
:
Plaintiff
v.
: NO.
:
:
BACKGROUND CHECKER
: JURY TRIAL DEMANDED
:
:
Defendant
_____________________________________
:
:
:
Complaint
I. Preliminary Statement
1.
This is an action for actual and punitive damages, costs and attorneys fees brought
under the Federal Fair Credit Reporting Act, 15 U.S.C. _ 1681 et. seq.
2.
Plaintiff, N J, brings this action against Defendant, K (“K”), for violations of the Fair
Credit Reporting Act. K provided a background check report on Ms. J to her new employer that
included another individual’s criminal record for a drug offense, despite numerous indicators
that the conviction was not attributed to the plaintiff. As a result of this erroneous report, Ms. J,
who has never been arrested or convicted of a crime, was fired from her job and suffered
substantial humiliation, mental anguish and distress.
II. Parties
3. Plaintiff N J (“Ms. J”) resides at ____________, Philadelphia, Pennsylvania, 191__.
4. Defendant K Background America, Inc. (“K”), upon information and belief, is a
_________ corporation based at _______________________________________________. K
is doing business in the Commonwealth of Pennsylvania by providing Pennsylvania employers
with background check reports on prospective and current employees.
III. Jurisdiction and Venue
5.
This court has jurisdiction over this matter based upon 28 U.S.C. _ 1331 in that the
dispute involves predominately issues of federal law arising under the Fair Credit Reporting Act
2
(“FCRA”), 15 U.S.C. _ 1681 et. seq.
3
6.
Venue is properly laid, pursuant to 28 U.S.C. _ 1391(b), in the judicial district where
the claim arose.
IV. Factual Allegations
7. In or about August 2005, Ms. J applied for a position as a provider service representative
with Independence Blue Cross (“IBC”) in Philadelphia, Pennsylvania.
8.
As part of her employment application, Ms. J authorized IBC, by and through
Defendant K, to procure a consumer report and/or investigative consumer report on her, which
could include her criminal history. To facilitate that background search, Ms. J was asked to
provide and provided her full name, a list of any other names she had used, her current and
former addresses, her Social Security number, date of birth, and driver’s license number. See,
Exhibit 1.
9.
Shortly after she completed this application, IBC offered her the position of provider
service representative, and she was scheduled to begin her training on September 12, 2005.
10.
Ms. J was delighted to obtain what she considered to be a very good job at IBC, which
offered her a chance to provide much better for her family. At the time that she applied for the
job with IBC, Ms. J was working in a job that paid her only $34.76 per diem.
11.
Ms. J reported for training at IBC on September 12, 2005 and experienced no problems
with her job until Thursday, September 22, 2005.
12.
On or about September 22, 2005, Ms. J was informed that Nancy, a representative from
IBC’s Human Resources Department, wanted to see her. Nancy told Ms. J that she has a
criminal record and that her job required her to have a clear criminal record. As a result, IBC
would not permit Ms. J to continue her training.
13.
Ms. J truthfully responded by denying that she has a criminal record.
4
14.
Ms. J, in fact, has no criminal record.
15.
Ms. J’s protestations that she has no criminal record were unavailing. Nancy told her
that if she could prove that she did not have a criminal record, then she could be considered for
rehire at IBC.
16.
During this discussion between Ms. J and Nancy, a security guard stood watch at the
door. At the end, Ms. J asked whether she could return to her desk to gather her personal items.
She was told that her desk already had been cleaned out.
17.
Ms. J, humiliated and crying, then was escorted out of the building by the security
guard, in front of many other individuals and employees of IBC. The security guard watched her
until she left the building.
18.
Ms. J had proudly told family and friends that she had obtained the job at IBC. She
suffered humiliation from having to tell family and friends that she had been fired from the job,
especially because she had been fired as a result of false accusations that she had a criminal
record.
19.
On or about Saturday, September 24, 2005, Ms. J had her first opportunity to see the
report of her putative criminal record when it arrived in the mail along with a letter from N. Elise
Nocito, Human Resources Representative from IBC. See, Exhibit 2.
20.
The criminal record report was a consumer report from K that was requested on
September 2, 2005. The report listed a drug offense with an arrest date of May 4, 2005 and a
conviction date of July 20, 2005, with a sentence of nine months probation. It also noted that the
court record was obtained from the Philadelphia County Court of Common Pleas.
21.
The indices and records of the Philadelphia County Court of Common Pleas do not
permit searches by the person’s Social Security number. A match between the person being
5
searched and the person who was the subject of a criminal court case is made primarily through
name, date of birth and address.
22.
The criminal record report prepared by K stated that the court record for the drug
offense was found under the name N J with a “similar” date of birth to the N J who was the
subject of the search and an address of ______________ Street, in Philadelphia, PA.
23.
The report K provided to IBC included inaccurate information regarding Plaintiff Ms. J.
24.
The birth date noted in K’s report is not Plaintiff Ms. J’s date of birth. Although the
birth date of the N J for whom the record was found was close to that of plaintiff Ms. J, it is not a
match.
25.
Plaintiff Ms. J has never resided at ______________ Street, the address of record for the
N J with a criminal conviction.
26.
The same report by K also indicates that a search was performed of Plaintiff Ms. J in the
database of the Pennsylvania State Police (“the PSP”) and that no criminal record was found.
27.
The PSP maintains the central repository of criminal records for the Commonwealth of
Pennsylvania. A conviction in the Court of Common Pleas in Philadelphia is reported to the
PSP. It would be expected that a conviction that appears in Philadelphia court records would
also be reported when a background check is performed through the PSP.
28.
The PSP reports an offense to an individual when two of three criteria – name, date of
birth, Social Security number – match. Thus, the criteria for matching individuals in a PSP
database check is more reliable than a database check of Philadelphia court records, because the
searcher can determine whether the unique Social Security number of the person being searched
matches that of the person who was convicted.
6
29.
The fact that the PSP database search resulted in a clean record for Plaintiff Ms. J was
very strong proof that the Philadelphia County criminal record that K identified is not that of
Plaintiff Ms. J. Therefore, the “no record” result of the State Police report means that neither
Plaintiff Ms. J’s Social Security number or date of birth match those identifiers of the N J
convicted for the drug offense.
30.
Given (1) the inconsistencies between the record results from the PSP database and the
Philadelphia county court database, and (2) the different date of birth and address for the N J
with the drug offense and Plaintiff Ms. J, K either knew or should have known that the criminal
record found for N J was for a different person than Plaintiff Ms. J. K, therefore, either knew or
had reason to know that the report it provided to IBC contained inaccurate information about
Plaintiff Ms. J.
31.
The consumer report prepared by K contained “remarks” indicating that the record
found in the court of common pleas contained a “similar date of birth,” that the record might not
be for the job applicant under investigation, and that the employer should seek confirmation from
the applicant. However, these remarks have no relevance, because K did not employ reasonable
procedures to insure maximum possible accuracy, given the multiple indicia that the record did
not concern Plaintiff Ms. J. Nor did the remarks mitigate the harm suffered by Plaintiff Ms. J as
a result of having the other person’s criminal conviction wrongly attributed to her in the first
place.
32.
K either was aware or should have been aware that its procedures for conducting
criminal record searches had resulted in the company issuing consumer reports erroneously
linking an individual to the criminal history of another individual.
7
33.
A March, 20, 2006, article in People magazine detailed a similar case in which K issued
a criminal background report to an employer that erroneously linked a job applicant to an
offender with the same name. According to the article, K makes no apologies for how the case
was handled. In response to inquiries about that case, K’s general counsel, Jesse N. Bacon,
admitted that mismatched criminal records are a problem. He is quoted as taking the position
that mix-ups are unfortunately inevitable and saying, “In a former life I was a district attorney,
and I used to see it weekly... You get crossed records, or maybe somebody transposed a number
or you don’t have a middle initial.”
34.
K did not follow reasonable procedures to assure the maximum possible accuracy of the
information about Ms. J when it prepared the September, 2005 consumer report about her for
IBC.
35.
As a result of the inaccuracy in the consumer report K provided to her employer, Ms. J
suffered actual damages. Specifically, she was terminated from her job, and she also suffered
humiliation, embarrassment, mental anguish and emotional distress.
36.
Ms. J had to take steps to clear her own name. She had her fingerprints checked against
the Philadelphia Police Department Criminal Records File so that she could satisfy IBC that she
has no criminal record.
37.
Based on that fingerprint check, on or about November 15, 2005, Ms. J obtained
documentation from the Philadelphia Police Department that she does not have a criminal record
in Philadelphia. See, Exhibit 3.
38.
Ms. J also was required to get an attorney in order to seek reinstatement to her job at
IBC.
8
39.
After her attorney provide IBC with a copy of the results of the fingerprint check, Ms. J
was rehired by IBC on or about December 7, 2005.
V. Causes of Action
Count One:
Violation of the Fair Credit Reporting Act, 15 U.S.C. _ 1681e(b)
Failure to Follow Reasonable Procedures to Assure Maximum Possible Accuracy of the
Information Concerning Ms. J
40.
Plaintiff realleges and incorporates by reference all preceding allegations of law and
fact.
41.
Ms. J is a “consumer,” as defined by the federal Fair Credit Reporting Act, 15 U.S.C. _
1681a (c).
42.
K is a “consumer reporting agency,” as defined by the federal Fair Credit Reporting
Act, 15 U.S.C. _ 1681a (f).
43.
The background check report on Ms. J that K provided to IBC in or about September,
2005 is a “consumer report,” as defined by the federal Fair Credit Reporting Act, 15 U.S.C. _
1681a (d).
44.
As detailed above, the consumer report on Ms. J that K provided to IBC in or about
September, 2005 contained inaccurate information about Ms. J.
45.
K violated the federal Fair Credit Reporting Act, 15 U.S.C. _ 1681e(b), by failing to
follow reasonable procedures to assure the maximum possible accuracy of the information about
Ms. J when it prepared the September, 2005 consumer report it provided to IBC.
46.
As a result of K’s conduct, actions and inaction, Ms. J was terminated from her job. She
consequently lost pay until she was restored to her position after she arranged and paid to have
her fingerprints checked against the Philadelphia Police Department Criminal Records File.
9
47.
As a result of K’s conduct, actions and inaction, Ms. J also suffered actual damages in
the form of humiliation, mental anguish and emotional distress.
48.
K’s conduct, actions and inactions were willful, rendering the Defendant liable for
actual damages and punitive damages in the amount to be determined by the Court pursuant to
15 U.S.C. _ 1681n. Alternatively, K’s conduct, action, and inactions were negligent, rendering
the Defendant liable for actual damages pursuant to 15 U.S.C. _ 1681o.
49.
Plaintiff is entitled to recover costs and attorney’s fees from the Defendant pursuant to
15 U.S.C. _ _ 1681n, 1681o.
Count Two
Violation of the Fair Credit Reporting Act,, 15 U.S.C. _ 1681k
Failure to Comply with Requirements Regarding
The Use of Public Record Information for Employment Purposes
50.
Plaintiff realleges and incorporates by reference all preceding allegations of law and fact.
51.
Pursuant to 15 U.S.C. § 1681k, when a consumer reporting agency provides a consumer
report for employment purposes that includes public record information that is likely to have an
adverse affect upon a consumer’s ability to obtain employment, the consumer reporting agency
must either:
(a) notify the consumer that the public record information is being reported, together
with the name and address of the person to whom the information is being reported, or
(b) maintain strict procedures to insure that the information it reports is complete and up
to date.
52.
The consumer report that K provided to IBC about Ms. J was furnished for employment
purposes.
53.
The consumer report that K provided to IBC about Ms. J included information that is a
10
matter of public record that is likely to have an adverse affect upon a consumer’s ability to
obtain employment.
54.
K violated the federal Fair Credit Reporting Act, 15 U.S.C. _ 1681k, by:
(a) failing to notify Ms. J that it was furnishing adverse public record information to IBC,
and
(b) failing to maintain strict procedures to ensure that the public record information was
complete and up to date.
55.
As a result of K’s conduct, actions and inaction, Ms. J was terminated from her job. She
consequently lost pay until she was restored to her position after she arranged and paid to have
her fingerprints checked against the Philadelphia Police Department Criminal Records File.
56.
As a result of K’s conduct, actions and inaction, Ms. J also suffered actual damages in
the form of humiliation, mental anguish and emotional distress.
57.
K’s conduct, actions and inactions were willful, rendering the Defendant liable for
actual damages and punitive damages in the amount to be determined by the Court pursuant to
15 U.S.C. _ 1681n.
58.
Alternatively, K’s conduct, action, and inactions were negligent, rendering the
Defendant liable for actual damages pursuant to 15 U.S.C. _ 1681o.
59.
Plaintiff is entitled to recover costs and attorney’s fees from the Defendant pursuant to
15 U.S.C. _ _ 1681n, 1681o.
VI. Prayer for Relief
Plaintiffs request that this Honorable Court provide Plaintiff N J with the following
relief:
1.
Declaratory judgment that K violated Ms. J’s rights under the Fair Credit Reporting Act;
11
2.
Actual damages, including both the pecuniary damages of lost wages and non-pecuniary
damages for humiliation, embarrassment, mental anguish, and emotional distress;
3.
Punitive damages;
4.
Attorneys’ fees and costs incurred by the plaintiff in the prosecution of this action; and
5.
All other relief that the Court may deem just and proper.
__________________________________
SHARON DIETRICH, Attorney Identification #44464
KERRY SMITH, Attorney Identification #94473
Community Legal Services, Inc.
1424 Chestnut Street
Philadelphia, PA 19102
Attorneys for Plaintiff N J
12
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
__________________________________
NJ
:
: CIVIL ACTION
Philadelphia, PA 191__
:
Plaintiff
: NO.
v.
:
:
BACKGROUND CHECKER
:
:
Defendant
_____________________________________
:
:
:
:
Demand for Jury Trial
Please take note that plaintiff demands trial by jury of all issues raised in this action.
__________________________________
SHARON DIETRICH, Attorney Identification #44464
KERRY SMITH, Attorney Identification #94473
Community Legal Services, Inc.
13
1424 Chestnut Street
Philadelphia, PA 19102
Attorneys for Plaintiff N J
14
Firearm Possession & Your Criminal Record
A criminal convic on may trigger a ﬁrearm ban under both California and federal law. Even if you have the right to possess a ﬁrearm under California law, you may be prohibited from possessing a ﬁrearm under federal law. If you lose your ﬁrearm rights under federal law, you cannot possess a ﬁrearm anywhere in the United States. Federal law has ﬁnal say about whether or not you can possess a ﬁrearm. If you are not sure about your rights, do not a empt to buy a ﬁrearm un l you check with the California Department of Jus ce (www.ag.ca.gov/ﬁrearms) or an a orney with exper se on gun rights. FEDERAL LAW—You Cannot Possess A Firearm if You Have Been Convicted of: A state or federal felony, any state oﬀense for which you served a jail term for longer than one year, any misdemeanor oﬀense punishable by imprisonment for more than two years, or any misdemeanor crime involving domes c violence. OR IF YOU: Are currently charged with a felony
Have an ac ve criminal warrant
Have an addic on to any controlled substance Received a dishonorable discharge from the Armed Forces
Are an undocumented immigrant
Were adjudicated as a “mental defec ve” or involuntarily commi ed to a mental ins tu on in the last ﬁve years
Are currently under a court order (or restraining order or T.R.O. or keep away order) pre-‐
ven ng you from harassing, stalking, or threatening your child, an in mate partner, or child of such partner. CALIFORNIA LAW: YOU MAY HAVE A LIFETIME FIREARM BAN IF:
You have been convicted of a felony (which has not been reduced to a misdemeanor )
You have been convicted of any violent oﬀense listed in Pen. Code § 29905 You have two or more convic ons for brandishing a ﬁrearm
You are currently addicted to any narco c drug
See Cal Pen Code §§ 23515, 29800, 29900, and 29905
CALIFORNIA LAW: YOU MAY HAVE A 10-YEAR FIREARM BAN IF: You were convicted of certain misdemeanors, including:
Assault
Ba ery Assault with a deadly weapon or force likely to cause great bodily injury Discharging a ﬁrearm in a grossly negligent manner Drawing or exhibi ng any deadly weapon
See Cal Penal Code § 29805
This ﬂyer is intended to provide general informa on only. It is not an exhaus ve list of California and feder-‐
al ﬁrearm laws. It does not cons tute legal advice, and it is not a subs tute for the advice of an a orney with exper se in gun rights who knows the details of your record. If you have speciﬁc ques ons about your rights, you should contact an a orney with gun rights exper se and the California Department of Jus ce for informa on about your par cular case. East Bay Community Law Center • 2921 Adeline Street, Berkeley, CA 94703 • t 510.548.4040 • f 510.548.2566 • www.ebclc.org Rev 2/11/14 Frequently Asked Ques ons
About Gun Ownership with a Criminal Record
Does a Penal Code § 1203.4 Dismissal (or “expungement”) restore my right to possess a ﬁrearm? No. A Dismissal under PC §§ 1203.4/1203.4a/1203.4a/1203.41 has no impact on your right to possess or purchase a ﬁrearm. A felony reduc on under § 17(b) may reinstate your rights. What if my oﬀense occurred when I was a juvenile?
If your oﬀense falls into any of the above categories you are subject to a ﬁrearm ban un l you reach the age of 30. How can I ﬁnd out if I am permi ed to purchase or possess a ﬁrearm?
You may apply to the Department of Jus ce for an eligibility determina on. The applica on and instruc-‐
ons are available at h p://www.ag.ca.gov/ﬁrearms/forms/; click on the link en tled Personal Firearms Eli-‐
gibility Check Applica on. You must ﬁll out the form, submit your ﬁngerprints, and have the form nota-‐
rized. There is a fee for this service.
Can’t I just try to buy a gun and see if I’m turned down?
No! It is a felony under both state and federal law to a empt to buy a gun if you know you are prohibited from doing so. You also run the risk of losing any money you put down, as well as the cost of the back-‐
ground check all ﬁrearm dealers are required to run before selling ﬁrearms. If you have any doubts about your eligibility, obtain a ﬁrearms eligibility check from the DOJ.
What does “possession” mean? How do I protect myself from prosecu on?
DO NOT a empt to purchase or possess any ﬁrearms or ammuni on. DO NOT allow people with ﬁrearms or ammuni on to ride in your car, even if they are carrying the gun lawfully. DO NOT stay in homes or ride in cars where other people store their ﬁrearms or ammuni on. If you live with other people, make sure that no one—including guests, friends, or family members—brings ﬁrearms or ammuni on into your home or onto your property. This ﬂyer is intended to provide general informa on only. It is not an exhaus ve list of California and federal ﬁrearm laws. It does not cons tute legal advice, and it is not a subs tute for the advice of an a orney with exper se in gun rights who knows the details of your record. If you have speciﬁc ques ons about your rights, you should contact an a orney with gun rights exper se and the California Department of Jus ce for infor-‐
ma on about your par cular case. EAST BAY COMMUNITY LAW CENTER- CLEAN SLATE PRACTICE
2921 Adeline Street, Berkeley, CA 94703 • t 510.548.4040 • www.ebclc.org Privileged and Confidential Attorney-Client and Work Product Document
Clean Slate
Participant Follow-up Checklist
Assisted by Attorney or Advocate: ___________________ Phone: ________________ Date:__________
 Collect more information regarding your criminal history:
Obtain a copy of your RAP sheet from the Alameda County Sheriff’s Dept., 15001 Foothill Blvd.,
San Leandro, between 8:30 am and 3:30 pm. You must appear in person. The process takes one
hour. Check with the criminal division of the courthouse if you are unsure whether or not you
have an outstanding warrant. If you have an outstanding warrant, visit the criminal division of the
courthouse that issued the warrant to be put on the court calendar.
Obtain a RAP sheet from the California Department of Justice. You must complete LiveScan
electronic fingerprinting. You will receive your RAP sheet in the mail.
Obtain your “H-6 10-year driving record” and print-outs of “Failure to Appear & Failure to Pay”
from the Dept. of Motor Vehicles. The cost is $5.
Request a copy of your commercial criminal background report from
.
 Collect supporting documents for your clean slate petitions:
Collect 2-3 letters of support. Make sure the letters are addressed To Whom It May Concern,
signed and dated by the person writing the letter and contain that person’s contact information.
(See Sample Letter)
Obtain letter from Alameda County Central Collections Department showing that you have no
financial obligation in case number (s)
_______
in Alameda County. (See sample). Go to 1221 Oak Street, Room 220, Oakland CA 94612 or call
(510) 208-9900. If your account has been sent to the Franchise Tax Board, you can check on your
balance by calling (916) 845-4064.
 For assistance with criminal records remedies outside of Alameda county:
Explain that you need help with records remedies, such Penal Code section 1203.4 dismissals.
Contact information:
Case #s:
 Other:
2921 Adeline Street, Berkeley, CA 94703 •
t 510.548.4040
f 510.548.2566 www.ebclc.org
Rev. 05/12
Client’s name here
Philadelphia, PA 19139
Date
Background check company
Attn: FCRA Disclosures/Reinvestigations
Via Certified Mail
Dear Sir or Madam:
I am writing to dispute inaccurate information in my credit file and to request that you investigate and remove it from my
file.
For your reference, I have enclosed a copy of my report which you recently provided to a prospective employer. I have
circled the item that I dispute. The report erroneously associates my identity with a record of criminal conviction.
Specifically, the report lists a drug offense from earlier this year found in a Philadelphia County criminal records database.
I am not the person named in that record, as evidenced by the following facts:
1.
My date of birth is ___________. Although it is close to the birth date of the NJ for whom the criminal record
was found, it is not a match.
2.
I have never resided at ________ Street, Philadelphia, Pennsylvania, the address of record for the NJ with the
criminal conviction.
3.
The fact that your September 2, 2005 search of the Pennsylvania State Police criminal records database
revealed that I have a clean record is conclusive that the Philadelphia County criminal record that you
identified is not mine. The State Police reports an offense to an individual when two of three criteria—name,
date of birth, or Social Security number—match. Therefore, the “no record” result of the State Police report
means that neither my Social Security number (xxx-xx-xxxx) nor my date of birth (xx/xx/19xx) match those
identifiers of the NJ convicted of a drug offense. I have enclosed a copy of the certification of my clean
record from the Pennsylvania State Police, which may be validated as indicated in the certification.
4.
My fingerprints have been checked against the Philadelphia Police Department’s Criminal Records File and
no match has been found. As a result of this search, the City of Philadelphia Police Department has
determined that I do not have a criminal record in Philadelphia. I have enclosed a copy of the certification of
my clean record from the City of Philadelphia Police Department, which may be validated by contacting
Lieutenant Gabriel Keown as indicated in the certification.
I request that you delete all references to the Philadelphia County criminal record from my credit file because the
record does not belong to me. Once this information has been deleted from my file, please notify [employer], which
previously has received my consumer report for employment purposes, that this erroneous record was removed from
my file.
Sincerely,
NJ
Date
ChoicePoint Workplace Solutions
Consumer Report Disputes
P.O. Box 49429
Charlotte, NC 28277
To Whom It May Concern:
I am writing to request a copy of all information that ChoicePoint has about me,
especially about ________________. Please send me a copy of my complete
ChoicePoint file, including the public record information that ChoicePoint relied upon to
report the criminal cases on my background check and a list of all employers to which
you sent criminal background reports on me.
Very truly yours,
Client
Address
Philadelphia, PA 191
Phone
INFORMATION ABOUT YOUR CLEAN SLATE CRIMINAL RECORD REMEDIES
WHAT IS A PENAL CODE SECTION 1203.4 DISMISSAL? DOES A DISMISSAL MEAN MY RECORD IS TOTALLY CLEAN?
There is no true “expungement” or sealing of convictions under California law. A 1203.4 dismissal, the available remedy for nonprison convictions, won’t remove the conviction from your record or court records, but it can help you obtain employment and it
will release you from some penalties and disabilities of your conviction. Note: if you have to register as a sex offender (PC section
290), a 1203.4 dismissal does not end that requirement. A 1203.4 dismissal does not reinstate firearm rights, which you lose after
a felony conviction and some misdemeanor convictions. To check your eligibility for firearms, complete a Personal Firearms
Eligibility Check at www.ag.ca.gov/firearms. For more information about the impact of you criminal record remedies, contact
EBCLC.
WHAT IS A FELONY REDUCTION?
After your felony is reduced to a misdemeanor under Penal Code section 17(b), it becomes a misdemeanor for almost all purposes,
and you are entitled to say that you have not been convicted of a felony in that case.
HOW SHOULD I ANSWER QUESTIONS ABOUT MY CRIMINAL RECORD ON JOB APPLICATIONS IN CALIFORNIA?
Read the questions on the application carefully and disclose only the information requested. For example, some employers ask
only about felony convictions or only recent convictions, not misdemeanors. In most cases, you need not disclose your arrests
that don’t lead to conviction, your juvenile record, or successful diversions. Your answer about your conviction history depends
on the type of employer – public or private.
California “Public” Employers
Jobs that require fingerprinting (LiveScan), jobs at
government entities, jobs that require a governmentissued license, certificate or permit, or require a
government security clearance, jobs that involve
working with children or the elderly, healthcare work,
etc. Examples: AC Transit, BART, school districts,
banks, teacher
A criminal background report prepared for
government employers and professional licensing will
almost always include all convictions, including those
dismissed under section 1203.4. You are entitled to a
copy of this background check. Always ask for a copy
and check it for accuracy.
Follow the directions on the application about which
convictions to disclose. Most public employers cannot
ask about your convictions that were dismissed under
section 1203.4, but note that these convictions may
still be reported on your LiveScan (fingerprints)
background check. If you must disclose your
dismissed convictions, write: “dismissed pursuant to
Penal Code section 1203.4.”
If you are uncertain about how to answer questions
about your criminal record, contact EBCLC for help.
California “Private” Employers
Private, non-governmental companies hiring for jobs
that do not involve work with sensitive populations or
government contracts
Your California background report for private
employers should not include any of the following
information about your criminal history:
o Any convictions over 7 years old
o Any arrests not leading to conviction
o Dismissed (1203.4) misdemeanor convictions
o Successful diversion programs
o Certain marijuana convictions
After you have had all of your convictions dismissed
under section 1203.4 in all California counties, you
are legally permitted to state that you have no
convictions.
A potential private employer must first get your
written permission before running a criminal
background check on you. You are entitled to see any
background check run on you. Always get a copy and
check it for accuracy.
If you are uncertain about how to answer questions
about your criminal record, contact EBCLC for help.
CRIMINAL RECORDS AND EMPLOYMENT – YOUR RIGHTS
You have a right to request a copy of your background check report. Always ask the employer for a copy.
Your criminal record must be reported correctly, and you have the right to have errors corrected.
It is illegal for most employers to use your criminal history as the reason not to hire you without first considering: (1) the type of
your offense, (2) the requirements of the job in question, and (3) the age of your cases.
For most jobs, employers are not permitted to use a conviction that has been dismissed under section Penal Code 1203.4 as a
factor in determining eligibility for employment or promotions.
A potential employer may be eligible for tax breaks and other benefits for being a fair chance employer.
_IF ANY OF YOUR RIGHTS ARE VIOLATED OR YOU HAVE QUESTIONS, PLEASE CALL EBCLC AT 510-548-4040_
This flyer provides general information only. It does not constitute legal advice, nor does it substitute for the advice of an expert representative or attorney who knows the
particulars of your case. We have made every effort to provide reliable, up-to-date information but we do cannot guarantee its accuracy.
The information in this flyer is current as of June 2014
East Bay Community Law Center
2921 Adeline Street, Berkeley, CA 94703
t 510.548.4040
f 510.548.2566
www.ebclc.org
CHECKLIST FOR IMPACT LITIGATION ISSUES
CORI/CINI Issues
CORI = version of state summary criminal history info distributed to anyone other than the subject
CINI = version of state summary criminal history info distributed to the subject
□
□
□
□
□
□
□
□
□
□
□
□
□
□
□
CORI with entry for arrest or detention that did not lead to conviction
CORI with entry for arrest or detention without any disposition information/ or “NDIA”
CORI with reference to successfully completed diversion program, including PC §1210.1/prop
36, or successfully completed deferred entry of judgment program
CORI or CINI with entry for arrest or conviction under H&S Code §§11357(b), (c), (d), (e) or
11360(b) that is more than two years old
CORI or CINI with entry for an arrest for which the conviction (whether or not an entry for the
conviction appears on the CORI) was under H&S Code §§11357(b), (c), (d), (e) or 11360(b)
Denials of CORI correction requests (requested pursuant to PC §11105) by the California DOJ
Licensing/Employment Issues
State agency (esp. DSS) denials of initial work clearance to individuals with arrest-only records
Significant delays in processing applications for licenses, clearances, exemptions, or benefits
due to an applicant’s criminal history information
Denials of jobs based on dismissed or sealed convictions (including convictions dismissed under
PC §1203.4), infractions, juvenile adjudications, arrest/detentions not leading to conviction,
offenses resulting in successful completion of diversion or deferred entry of judgment program,
arrests or convictions under H&S Code §§11357(b), (c), (d), (e) or 11360(b), and/or convictions
that are very old or not closely related to the job function
Denials of licenses based on infractions, dismissals (but not PC §1203.4), arrests resulting in
successful completion of diversion or deferred entry of judgment program, arrests not leading to
conviction, arrests or convictions under H&S Code §§11357(b), (c), (d), (e) or 11360(b)
Applications for job or license instructing applicant to disclose criminal record information and
not expressly stating that applicant is not required to disclose certain types of criminal history
information that may not be considered in employment/licensing decisions (roughly, the
categories described in prior two bullet points)
Employer or licensing agencies’ denials of individuals’ requests for copies of CORI provided by
the DOJ to the employer or licensing agency
Employer or agency decisions relying on criminal history information reported DMV record
Procedure for Flagging Case Issue(s)
SCAN COPIES OF KEY CASE DOCUMENTS AND SAVE TO K:\Data\Cleanslate\Sarah
ENTER CASE ISSUES IN PIKA:
- Assign Sarah Crowley as “Primary Counsel #2” or “co-counsel” for the case
- Select “Duplicate this case” on the left side of screen; select appropriate opening code
- In the “Notes” tab, describe issue
PLEASE TURN OVER!
□
□
DOJ RAP Sheets/CORI Reports
ALWAYS ASK CLIENT FOR COPY OF THEIR DOJ RAP SHEET AND ANY CORI
REPORTS PROVIDED TO EMPLOYERS/LICENSING AGENCIES (AS WELL AS ANY
PRIVATE BACKROUND CHECK REPORTS)
IF NO RECENT DOJ RAP SHEET, ASK CLIENT TO REQUEST COPY
Procedure for DOJ RAP sheet request:
- Complete DOJ Fee Waiver Application – K:\EBCLC\Data\CleanSlate\Advocate Intake
Tools\Getting your RAP Sheet - Info & Forms – and fax to DOJ.
- Client receives a “Request for Live Scan” form in the mail from the DOJ.
- Helps/instruct client make an appointment with Sparkle at All Scan Live Scan, 492 7th Street in
Oakland, (510) 409-7463 (Sparkle gives discount to EBCLC clients).
- Follow up with client to make sure they send us a copy of the RAP sheet when they get it
(probably within a week).
□
□
DMV Records
ALWAYS ASK CLIENT FOR COPY OF THEIR 10-year certified driving record
FOLLOW PROCEDURE FOR DMV RECORD REQUEST if client doesn’t have an up-to-date
10-year record and if client has any of the following: (1) DUI (VC §§23152, 23151, or 23140)
conviction older than 7 years; (2) DUI arrest older than 3 years; or (3) any successfully
completed drug diversion (DIVERSION, DIV, DISM-DRUG, Penal Code 1210.1 (Prop 36))
Procedure for DMV record request:
- Schedule in-person appointment online:
http://www.dmv.ca.gov/foa/welcome.do?localeName=en
- OR, if client is reluctant to go in person to DMV, help them fill out request form to submit by
mail: http://apps.dmv.ca.gov/forms/inf/inf1125.pdf
- Notify client EBCLC can reimburse them for the $5 cost of DMV record
□
□
REQUEST CORRECTION OF ERRONEOUS CRIMINAL HISTORY INFORMATION ON
DMV RECORD
- Submit DL 207 form: https://apps.dmv.ca.gov/forms/dl/dl207.pdf
REQUEST REMOVAL OF CRIMINAL HISTORY INFORMATION ON DMV RECORD
OLDER THAN
- 10 years for violation of VC §23140, 23152, or 23153 (DUI)
- 7 years for VC §§2800.2, 2800.3, 14601, 14601.1, 14601.2, 14601.3, 14601.5, 20001,
20002, 21651(b), 22348(b), 23103, 23109(a) or (c), 23109.1, 23140(a) or (b), 31602; PC
§§191.5, 192
- 3 years for other violations and any accidents
Procedure for requesting removal of old information:
- Call the DMV’s Mandatory Actions Unit: (916) 657-6525 or (916) 657-6526
- Log any communications with (and/or attempts to reach) Mandatory Actions Unit in
Mandatory Actions Unit Log (K:\Data\Cleanslate\Sarah)
PLEASE TURN OVER!