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California · Through 2026-09-13

PEN § 13203

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Where this section sits in the code
  1. Penal Code - PEN
  2. PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006. - 14315.]
  3. TITLE 3. CRIMINAL STATISTICS [13000. - 13400.]
  4. CHAPTER 2. Criminal Offender Record Information [13100. - 13370.]
  5. ARTICLE 5. Access to Information [13200. - 13203.]

(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.

Collected 2026-09-14T05:56:33Z. Source file · JSON

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