Custodian of Records

Pursuant to Penal Code section 11102.2(b); beginning January 1, 2011, the Department of Justice (DOJ) shall implement a confirmation program to process fingerprint-based criminal offender record information background responses on individuals designated by applicant agencies to serve as Custodian of Records. Effective July 1, 2011, no person shall serve as an agency Custodian of Records unless they have been confirmed by the DOJ. Every authorized agency must designate at least one Custodian of Records. Criminal justice agency personnel who have undergone a state and federal criminal record background check are exempt from these requirements.

The agency Custodian of Records will be responsible for the security, storage, dissemination and destruction of the criminal records furnished to the agency and will serve as the primary contact for the DOJ.

The confirmation process will consist of a completed Custodian of Records Application for Confirmation form (BCIA 8374), which will be available on the Attorney General’s website, the electronic submission of fingerprint images, the Custodian of Records Duties form, which is enclosed within the Authorization Request Form packets, payment of state and federal background check fees, and a $30.00 confirmation fee.

Applicants applying for Custodian of Records confirmation must meet the following criteria:

1. Be at least 18 years old
2. Complete and submit the Custodian of Records Application Form (BCIA 8374)

Confirmation will be denied or revoked on those applicants convicted of a felony offense, or any other offense that involves moral turpitude, dishonesty, fraud or that impacts the applicant’s ability to perform the duties or responsibilities of a Custodian of Records. The DOJ will retain the fingerprints for subsequent arrest notification pursuant to Penal Code section 11105.2. Custodian of Records confirmation, denial, or revocation letters will be mailed by the DOJ to the designated applicant agency, as identified on the application by the Custodian of Records applicant.

There are two ways to have your Application for Confirmation processed:

1. Mail the Application for Confirmation (BCIA 8374) to the address located on the Application Form;
2. Fax the Application for Confirmation (BCIA 8374) to 916-227-4815

All fees for fingerprinting and confirmation will be collected at the Live Scan site.

• Department of Justice Fee: $32.00
• Federal Bureau of Investigation Fee: $17.00
• Confirmation Fee: $30.00

If you have any questions, comments or concerns, please contact the Custodian of Records Unit at COR@doj.ca.gov

Custodian of Records Forms

The following forms are also available on the Applicant Agencies' Forms page.

• Application for Confirmation (BCIA 8374) / Custodian of Records Duties, pdf

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