Fixing Errors in Your California (DOJ) RAP Sheet
How to contact the DOJ Record Review Unit:
You can call the DOJ Record Review unit at (916) 227-3835 for the latest information on how to challenge what’s in your RAP sheet or to check on the status of a challenge that you have filed. This is an automated system (a recording) that contains information on many DOJ-related issues. Follow the prompts that ask you if you want to “verify or challenge the accuracy of your criminal history” or “check the status of a previously submitted request.” If you are asked to leave a message, make sure that your information is clear so that the right person can call you back.
Get the form to request a RAP sheet correction.
When you received your RAP sheet, you should have also received a form called a “Claim of Alleged Inaccuracy or Incompleteness” (DOJ form BCIA 8706). This is the form you must fill out to challenge information in your state RAP sheet. If you do not have this form for any reason, you must contact the Department of Justice to request another copy. This form is not available online, or from any source other than the DOJ. If you cannot get the form, you can send a letter to the DOJ instead.
Fill out your claim.
Fill out the “Claim of Alleged Inaccuracy or Incompleteness” form, or write your letter. Whether you are filling out the form or writing a letter, you need to explain, as specifically as possible, what the error is—why and how your record is inaccurate or incomplete. Examples of common errors include:
- Mismatched names. If your RAP sheet contains arrests, convictions, or other information that is unrelated to your past, your name may have been confused with another person’s name.
- Leaving out important information about a case. Sometimes, even if a case against you has been resolved, your RAP sheet may not reflect the updated information. For example, if you were found innocent of the charges, but your RAP still says, “case pending.”
- Revealing sealed information. Your RAP may contain records that should have been destroyed or can only be released by special court order, such as sealed arrests or juvenile offenses.
- Providing misleading information. It is possible that a single charge may appear multiple times on your RAP, making it look like you are a multiple offender.
- Misclassifying your offenses. If a misdemeanor conviction shows up as a felony on your RAP sheet, this is a serious problem!
IMPORTANT! Make sure to fill out all of your personal information clearly and accurately, so the DOJ properly identifies you and investigates the right record!
Include proof of your claim.
You should give the DOJ any proof you have that the information in your RAP sheet is wrong, such as court records, transcripts, court orders, court minutes, a copy of the plea agreement, police records, or other paperwork or evidence that supports your claim.
IMPORTANT: Sending court records and documents. The Department of Justice does NOT have access to your court documents. If you need copies of court documents to give to the DOJ in order to prove your claim, you must get them from the court where your case was heard and send them to the DOJ yourself.
NOTE: The DOJ assumes that its records are correct. When the DOJ looks into a challenge like this, it often simply checks its version of your record against the copy of your RAP sheet that it sent you. If there is no difference between the two, the DOJ will assume that your RAP sheet is accurate. This is why you must provide proof that the DOJ’s version of your record is wrong!
Mail in your claim and proof.
Send the following documents to the DOJ: Your completed “Claim of Alleged Inaccuracy or Incompleteness” form or letter; a copy of your RAP sheet (keep a copy for yourself!); and any documents or other evidence to prove your claim. You should use the address on the claim form, as it will be the most current address. As of publication of this manual, your claim and supporting documents should be sent to:
Department of Justice
Bureau of Criminal Investigation and Identification
Record Review Unit
P.O. Box 903417
Sacramento, CA 94203-4170
Wait for the DOJ’s Review.
After the DOJ has received your paperwork, it will review your claim and decide whether it agrees that your RAP sheet is wrong. If the DOJ agrees that the information in your record is wrong, it will make the changes and send you a new, corrected copy of your RAP sheet. It can take 2-4 weeks (or sometimes longer) for the DOJ to review all of your paperwork and get back to you with its decision.
Appeal the DOJ’s Decision.
If the DOJ does not agree that your record is wrong, you have the right to request an administrative hearing to challenge the decision. You should talk to a lawyer if you want to take the next step and request a hearing to challenge the DOJ.
If you have any additional questions about fixing errors in your RAP sheet, you can call the DOJ’s Record Review Unit at (916) 227-3835.
Recorded message, Cal. Dep’t. of Justice, Records Review Unit (Apr. 9, 2015); see also Criminal Records—Request Your Own, Cal. Dep’t. of Justice, Office of the Attorney General, http://oag.ca.gov/fingerprints/security. ↑
Cal. Penal Code § 11126(a). ↑
Cal. Penal Code § 11126. ↑
Cal. Penal Code § 11126(c); see also Cal. Gov’t Code § 11500. ↑