2009 California Penal Code - Section 11115-11117 :: Article 4. Criminal Records

PENAL CODE
SECTION 11115-11117

11115.  In any case in which a sheriff, police department or other
law enforcement agency makes an arrest and transmits a report of the
arrest to the Department of Justice or to the Federal Bureau of
Investigation, it shall be the duty of such law enforcement agency to
furnish a disposition report to such agencies whenever the arrested
person is transferred to the custody of another agency or is released
without having a complaint or accusation filed with a court. The
disposition report in such cases shall be furnished to the
appropriate agencies within 30 days of release or transfer to another
agency.
   If either of the following dispositions is made, the disposition
report shall so state:
   (a) "Arrested for intoxication and released," when the arrested
party is released pursuant to paragraph (2) of subdivision (b) of
Section 849.
   (b) "Detention only," when the detained party is released pursuant
to paragraph (1) of subdivision (b) of Section 849 or issued a
certificate pursuant to subdivision (b) of Section 851.6. In such
cases the report shall state the specific reason for such release,
indicating that there was no ground for making a criminal complaint
because (1) further investigation exonerated the arrested party, (2)
the complainant withdrew the complaint, (3) further investigation
appeared necessary before prosecution could be initiated, (4) the
ascertainable evidence was insufficient to proceed further, (5) the
admissible or adducible evidence was insufficient to proceed further,
or (6) other appropriate explanation for release.

11116.5.  Any dismissal and reason therefor provided by Section
11115 or 13151. 1 may be used by the person subject to the
disposition as an answer to any question regarding his arrest or
detention history or any question regarding the outcome of a criminal
proceeding against him.

11116.6.  The dispositions provided by Sections 11115 and 13151.1
must be entered on all appropriate records of the party arrested,
detained, or against whom criminal proceedings are brought.

11116.7.  Whenever an accusatory pleading is filed in any court of
this state alleging a public offense for which a defendant may be
punished by incarceration, for a period in excess of 90 days, the
court shall furnish upon request of the defendant named therein a
certificate of disposition which describes the disposition of the
accusatory pleading in that court when such disposition is one
described in Section 13151.1. The certificate of disposition shall be
signed by the judge, shall substantially conform with the
requirements of Section 11116.8, and the seal of the court shall be
affixed thereto.
   In the event that the initial disposition of the accusatory
pleading is changed, a new disposition certificate showing the
changed disposition shall be issued by the court changing the same
upon request of the defendant or his counsel of record.

11116.8.  The certificate of disposition provided by Section 11116.7
shall describe the charge or charges set forth in the original and
any amended accusatory pleading, together with the disposition of
each charge in the original and any amended accusatory pleading.

11116.9.  The clerk of the court in which the disposition is made
shall provide the defendant or his counsel of record with additional
certified copies of the disposition certificate upon the payment of
the fees provided by law for certified copies of court records.

11116.10.  (a) Upon the request of a victim or a witness of a crime,
the prosecuting attorney shall, within 60 days of the final
disposition of the case, inform the victim or witness by letter of
such final disposition. Such notice shall state the information
described in Section 13151.1.
   (b) As used in this section, "victim" means any person alleged or
found, upon the record, to have sustained physical or financial
injury to person or property as a direct result of the crime charged.
   (c) As used in this section, "witness" means any person who has
been or is expected to testify for the prosecution, or who, by reason
of having relevant information, is subject to call or likely to be
called as a witness for the prosecution, whether or not any action or
proceeding has yet been commenced.
   (d) As used in this section, "final disposition," means an
ultimate termination of the case at the trial level including, but
not limited to, dismissal, acquittal, or imposition of sentence by
the court, or a decision by the prosecuting attorney, for whatever
reason, not to file the case.
   (e) Subdivision (a) does not apply in any case where the offender
or alleged offender is a minor unless the minor has been declared not
a fit and proper subject to be dealt with under the juvenile court
law.
   (f) This section shall not apply to any case in which a
disposition was made prior to the effective date of this section.

11117.  The Department of Justice shall prescribe and furnish the
procedures and forms to be used for the disposition and other reports
required in this article and in Sections 13151 and 13152. The
department shall add the reports received to all appropriate criminal
records.
   Neither the reports required in this article nor those required in
Sections 13151 and 13152 shall be admissible in evidence in any
civil action.


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