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Criminal Defense Attorneys

California Law Enforcement Telecommunications System

The California Law Enforcement Telecommunications System, or “CLETS,” is often discussed in court in reference to where a record of a granted restraining order can be seen.

What exactly is CLETS?  Who has access to CLETS?  How is misuse of CLETS prevented?

CLETS is a computer database accessible by law enforcement wherein law enforcement can see data national data maintained by the Federal Bureau of Investigation (FBI), the California Department of Motor Vehicles (DMV), the International Justice and Public Safety Network (NLETS), the Criminal Justice Information System (CJIS) and the National Crime Information System (NCIS).  The system also allows agencies to deliver messages to each other. 

Such records include one’s criminal history, driving record, vehicle registration information and California Offender Record Information (CORI).  CORI information is set forth at Penal Code § 11075 and includes not only the person’s date of birth and social security number, but : 
  • information relating to any arrests;
  • pretrial proceedings;
  • criminal charges (with corresponding court case numbers);
  • sentencing information;
  • incarcerations;
  • parole and probation information; and
  • rehabilitation programs.
Access to CLETS is tightly limited to law enforcement and other official agencies with the right to know the information and the need to know.  This means law enforcement cannot access CLETS to “snoop around,” for example to research a family member’s criminal history, that or a next door neighbor., ex-spouse or a person dating one’s daughter.  It also cannot be used to research someone’s home address or vehicle registration information for personal use.  It cannot be used to research a high profile individual or a celebrity just out of curiosity.  

This tight control on use of CLETS is aimed to prevent police officers from becoming private investigators, often for pay, while working in an official capacity.  It is also aimed to prevent law enforcement from “leaking” information to the media for monetary compensation.  Theoretically, law enforcement could also access such information to blackmail or extort a person by threatening release of such information unless the person pays the law enforcement officer.

Cases of CLETS misuse are investigated by the DOJ and California’s Attorney General.  The misuse of CLETS may result in termination of employment, criminal prosecution and civil liability.  Penal Code §§ 11141-11143 and 13302-13304 set forth the penalties for misuse of state and local summary criminal history information.  Government Code § 6200 sets forth the felony penalties for misuse of CLETS information.  California Vehicle Code § 1808.45 provides the penalties for the misuse of DMV information.  The Electronic Frontier Foundation, a California digital privacy rights organization, serves as a watchdog of CLETS and assists in reporting cases of misuse.

The general public cannot access CLETS, for example, from one’s office or home.  To have access to CLETS, one must pass a background check and submit one’s fingerprints.  The person also must be trained on proper use of CLETS.

An officer on patrol can usually access CLETS from his vehicle’s mobile data terminal (MDT), for example to look up the name of the registered owner of a vehicle by using the vehicle’s license plate number.

A restraining order issued is often referred to as a “CLETS order,” meaning it will be entered onto CLETS.  These can be civil restraining orders, domestic violence protective orders, elder abuse restraining orders and / or workplace violence restraining orders.  This information then permits an officer on patrol to access such information quickly to protect a protected person from a restrained person by making an arrest or detention, i.e., to prevent stalking, harassment, threats, domestic violence, child abuse, elder abuse, etc.  This is what we consider the most common and most useful purpose of CLETS.

According to Penal Code Sections 11120-11127, any person subject to a CORI query may obtain a copy of his/her criminal history record/background check to:
  1. check for accuracy, and
  2. refute any erroneous information.
Note that CORI is not to be accessed for purposes of employment, licensing, certifications, or permits, or record review.

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