California Penal Code 11105: Who Can Access Criminal Records

California Penal Code 11105 is the state law that controls who can obtain a person’s state summary criminal history from the Department of Justice, what they must show to get it, and what happens if they misuse it. The Attorney General maintains the master database, and the statute releases records only to a defined list of courts, criminal justice agencies, licensing bodies, and the individual whose record it is.

What the Statute Covers

Section 11105 defines “state summary criminal history information” as the master record compiled by the Attorney General on a person’s identification and criminal history. That record includes name, date of birth, physical description, fingerprints, photographs, arrest dates, arresting agencies, booking numbers, charges, dispositions, and sentencing information.¹ People commonly call it a RAP sheet.

Dispositions show the outcome of each case: conviction, dismissal, acquittal, or diversion. The record also tracks movement through the correctional system, including incarceration and release dates. This is the statewide file, distinct from local summary information held by any single police department or sheriff’s office. For criminal background data across California, the Department of Justice is the definitive source.

Who Can Get a Copy

Penal Code 11105 lists more than two dozen categories of authorized recipients. The core group is the criminal justice system itself: courts, peace officers, district attorneys, prosecuting city attorneys, probation officers, and parole officers.¹ Public defenders and attorneys of record can access the data when representing someone in a criminal case, a juvenile delinquency proceeding, or a petition for a certificate of rehabilitation.

Beyond those, the statute reaches a range of entities with specific public safety or regulatory responsibilities:

Any state agency, officer, or official that needs the information to carry out a statute or regulation tied to specific criminal conduct.
Cities, counties, and districts carrying out employment, certification, or licensing duties, but only when the governing board has specifically authorized access and the underlying law refers to particular criminal conduct.
County child welfare personnel and tribal child welfare agencies.
Officers and court investigators handling conservatorship or guardianship matters.
Local child support agencies, the State Department of State Hospitals, humane societies conducting background checks under Corporations Code 14502, and certain correctional supervisors.¹
The person whose record it is, under the procedures in Penal Code sections 11120 through 11127.²

Every authorized entity has to need the record to carry out a duty imposed by law. The statute does not open the database to general employers, journalists, landlords, or private curiosity. Private employers who want to see conviction history go through separate background check processes, not through Section 11105.

Mandatory and Discretionary Disclosure

Access under 11105 comes in two forms. Mandatory disclosure applies when a statute requires an agency to review criminal history before issuing a license, permit, or certification. A licensing board that must deny applicants with certain felony convictions, for example, is legally required to pull the record before deciding.

Discretionary disclosure covers situations where a statute permits a records check but does not force one. In either case, the requesting entity must point to the legal basis for the inquiry. The structure keeps background checks tied to a defined public purpose and shuts down requests that lack one.

Getting Your Own Record

You have the right to request your own state summary criminal history under Section 11105 and the related procedures in Penal Code 11120 through 11127. The request runs through the Department of Justice’s fingerprint-based system.

What You Need to Provide

Every request needs identifiers to match the right file: full legal name, date of birth, sex, physical description (height, weight, eye color, hair color), place of birth, and any aliases or former names.³ The verification tool is a full set of fingerprints submitted to the DOJ.

Live Scan

Most California residents visit a certified Live Scan operator, who captures fingerprints electronically and transmits them to the DOJ. The standard form is the Request for Live Scan Service (BCIA 8016).⁴ A personal record review costs $25 at the DOJ. General employment background checks run $32, and checks for childcare facilities, adult residential care, and certain human resource agencies cost $42.⁵ On top of the DOJ fee, the Live Scan operator charges a separate rolling fee for the fingerprinting itself, typically $20 to $60 depending on the provider.

Processing times vary. The DOJ advises allowing at least 30 days before checking status on a submission.⁶ Personal record reviews often return faster, with the DOJ citing a normal processing time of two to three days, though some take up to two weeks depending on what the record contains.⁷

Out-of-State Applicants

If you live outside California, Live Scan is not available. Submit a physical fingerprint card (Form FD258) with a completed Application to Obtain a Copy of State Summary Criminal History Record (Form BCIA 8705), and mail the card, application, and payment by personal check, money order, or certified check to the DOJ’s Record Review and Challenge Section in Sacramento.⁸

Fee Waivers

If you cannot afford the $25 personal review fee, you can apply for a waiver. The DOJ waives the fee for California residents who receive public assistance (CalFresh, Medi-Cal, or disability benefits), have no income, or earn below a low-income threshold for their area and household size.⁹ The waiver request has to accompany the original record request and include proof of indigence, as required by Penal Code 11123. The waiver covers only the $25 DOJ fee; the Live Scan operator’s charge is separate. If you are incarcerated, you can qualify by providing the name of your facility and your inmate number rather than income documentation.

Confidentiality and Penalties for Misuse

Anyone who receives criminal history information under Section 11105 is bound by strict confidentiality requirements. The data cannot be shared with unauthorized third parties, and it cannot be used beyond the purpose the original request authorized. Those duties apply to every entity on the access list, from law enforcement down to a city office running a licensing check.

Under Penal Code 11142, a person authorized by law to receive a criminal record who knowingly furnishes that record or its contents to someone not authorized to receive it is guilty of a misdemeanor.¹⁰ Certain violations of Section 11105 also create a civil cause of action, letting the person whose record was misused sue for damages.¹ Combining criminal and civil liability gives the confidentiality rules real force. Agencies holding this data should store it securely, limit access to authorized personnel, and destroy it when the authorized purpose ends.

What Section 11105 Does Not Cover

Section 11105 governs who can pull a record. It does not set the rules for how an employer uses what the record contains. Those limits sit in Labor Code 432.7 and Government Code 12952 (the Fair Chance Act), which restrict employer questions about arrests without conviction, diversion, and sealed or dismissed convictions, and bar most employers with five or more employees from asking about convictions before a conditional job offer.¹¹ Record sealing and automatic relief for eligible convictions run through a separate statute, Penal Code 1203.425, not through Section 11105.¹² If your concern is a mistaken entry on the record itself, the challenge process lives in Penal Code 11120 through 11127 and uses the Claim of Alleged Inaccuracy or Incompleteness form (BCIA 8706).⁸

1
California Legislative Information. California Penal Code 11105 (2025)
2
California Legislative Information. California Penal Code 11120-11127
3
California Department of Justice. Request for Live Scan Service – Custodian of Records
4
State of California – Department of Justice – Office of the Attorney General. Forms for Applicant Agencies
5
California Department of Justice. Applicant Fingerprint Processing Fees
6
State of California – Department of Justice. Frequently Asked Questions – Applicants
7
State of California – Department of Justice – Office of the Attorney General. Frequently Asked Questions – Criminal Records – Request Your Own
8
California Department of Justice – Office of the Attorney General. Criminal Records – Request Your Own
9
State of California – Department of Justice – Office of the Attorney General. Apply for a Fee Waiver
10
California Legislative Information. California Penal Code 11142
11
California Legislative Information. California Labor Code 432.7California Government Code 12952
12
California Legislative Information. California Penal Code 1203.425 (2025)