Penal Code section 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.
Source:
Section 13203, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=13203. (updated Jan. 1, 2022; accessed Jul. 28, 2025).
