CLETS is an acronym for the California Law Enforcement Telecommunications System. This computer network gives police departments access to national databases maintained by the Federal Bureau of Investigation (FBI) and California’s Department of Motor Vehicles (DMV), among others. The system also allows law enforcement agencies to deliver messages among one another.
CLETS information can only be accessed by authorized law enforcement and criminal justice personnel. Any information obtained from the system can be used for “official use” only.
Misuse of CLETS
In some situations, authorities misuse CLETS by searching for information for non-official, or personal, purposes. Cases of misuse are investigated by California’s Department of Justice and the Attorney General.
Instances of misuse can lead to:
- the loss of employment,
- criminal prosecution (including both misdemeanor and felony charges), and
- civil liability.
CLETS orders
Note that some California restraining orders are referred to as “CLETS orders.” CLETS orders are protective orders/restraining orders that have been entered into CLETS. This may include:
- domestic violence restraining orders,
- elder abuse or dependent adult abuse restraining orders,
- civil harassment restraining orders, and
- workplace violence restraining orders.
Our California criminal defense attorneys will answer the following common questions:
- 1. What is CLETS?
- 2. Who has access?
- 3. What is CORI?
- 4. CLETS Misuse
- 5. CLETS orders
- Additional reading
1. What is CLETS?
CLETS stands for the California Law Enforcement Telecommunications System.
This is a computer network that provides law enforcement and criminal justice agencies with access to a variety of databases that contain such data as a person’s:
- criminal history,
- criminal record, and
- driving record information.
Authorities use such information to help enhance and provide for public safety.1
CLETS Databases
A police officer using the system can access the following databases:
- the International Justice and Public Safety Network (NLETS),
- the Criminal Justice Information Services (CJIS),
- the National Crime Information Center (NCIC), and
- DMV records (which contain information on driver’s licenses and vehicle registrations).
Using CLETS
This criminal justice information system also allows law enforcement agencies to send and receive messages between one another.
A police officer in the field can access CLETS information by using a mobile data terminal (MDT) in their police car.
Authorities can also access the system by using a CLETS computer terminal.
The California Department of Justice (DOJ) monitors the use of CLETS and instructs authorities on the use of the system via its CLETS Policies, Practices, and Procedures (“PPP”).
2. Who has access?
Only authorized law enforcement and criminal justice personnel, or their lawfully authorized designees, may use a CLETS terminal or access CLETS information.2
Any information obtained from the system is confidential and is for “official use” only. A person receiving CLETS information must have:
- a right to know the information, and
- a need to know of the information.3
Prerequisites to access CLETS
Personnel cannot operate CLETS equipment or access the system until they have:
- passed a background check, and
- provided fingerprints.
Persons accessing CLETS must be trained on the system within six months of their employment or assignment.4
3. What is CORI?
“CORI” stands for “Criminal Offender Record Information.” Authorities can obtain CORI information via CLETS.
Per Penal Code 11075, CORI are records and data compiled to help identify criminal offenders and to maintain a summary of a person’s:
- information relating to any arrests,
- pretrial proceedings,
- criminal charges (with corresponding court case numbers),
- sentencing information,
- incarcerations,
- parole and probation information, and
- rehabilitation programs.5
CORI will also include a person’s social security information and date of birth.
Right to CORI information
An agency is only authorized to release CORI to a receiving party that has both:
- the right to know of the information contained within, and
- the need to know of the information.
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:
- check for accuracy, and
- refute any erroneous information.6
Note that CORI is not to be accessed for purposes of employment, licensing, certifications, or permits, or record review.
4. CLETS Misuse
There are situations where law enforcement personnel in the State of California misuse CLETS or investigation procedures.
Examples
Examples of misuse of the system include:
- using the system to gain information on a family member, friend, or ex-spouse,
- accessing CLETS to get a home address or vehicle registration information for personal use,
- looking in the system for personal information on high-profile individuals.
Cases of CLETS misuse are investigated by the DOJ and California’s Attorney General.
Consequences
The misuse of CLETS may result in:
- the loss of a job,
- criminal prosecution, or
- civil liability.7
5. CLETS Orders
A CLETS order is a name sometimes used to describe a California protective order/restraining order.
These orders are ones that have been entered into CLETS. Note that most restraining orders in California are CLETS orders. This is because the court orders are entered into the system so that law enforcement personnel can respond to and enforce the orders in any part of the state.
If an order was not entered into CLETS, it would be difficult for authorities to arrest a person suspected of violating an order.
Purpose of restraining orders
Note that a restraining order is a court order that prevents a specific person from:
- harassing,
- abusing,
- stalking, or
- threatening another person.
The party protected by the order is known as the “protected person.” The other party that is specified in the order (such as the abuser) is known as the “restrained person.”
Additional reading
For more in-depth information, refer to these scholarly articles:
- Design of an algorithm to identify persons with mental illness in a police administrative database – International Journal of Law and Psychiatry.
- Improving Police Use of Force: A Policy Essay on National Data Collection – Criminal Justice Policy Review.
- California’s Proposition 69: A Dangerous Precedent for Criminal DNA Databases – Journal of Law, Medicine & Ethics.
- Methodology of Communication between a Criminal Database and a Virtual Reality Environment for Forensic Study – 19th Symposium on Virtual and Augmented Reality (SVR).
- Face recognition for criminal identification: An implementation of principal component analysis for face recognition – AIP Conference Proceedings.
Legal References:
- CLETS Polices, Practices, and Procedures (PPP), published by California’s Department of Justice.
- PPP, 1.6.4.
- PPP, 1.8.2.
- See same.
- California Penal Code 11075 PC.
- California Penal Code Sections 11120–11127 PC. See also Penal Code Sections 13320–13326 PC.
- Penal Code sections 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 VC provides the penalties for the misuse of DMV information. The Electronic Frontier Foundation is a California digital privacy rights organization that serves as a watchdog of CLETS and assists in reporting cases of misuse.