McCready v. Cal. Dept. of Justice CA2/2

Filed 9/10/15 McCready v. Cal. Dept. of Justice CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

JOHN PETER MCCREADY, B259776

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. BS144862) v.

CALIFORNIA DEPARTMENT OF JUSTICE–BUREAU OF CRIMINAL INFORMATION AND ANALYSIS,

Defendant and Respondent.

APPEAL from a judgment of the Superior Court of Los Angeles County. Joanne B. O’Donnell, Judge. Affirmed. John Peter McCready, in pro per., for Plaintiff and Appellant. Kamala D. Harris, Attorney General, Alicia M.B. Fowler, Senior Assistant Attorney General, Celine M. Cooper, Supervising Deputy Attorney General, Melissa F. Day, Deputy Attorney General, for Defendant and Respondent.

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For more than a decade, John Peter McCready (McCready) has been challenging the contents of his criminal history record. That record is maintained by the California Department of Justice’s (Justice Department) Bureau of Criminal Information and Analysis (Bureau). The Justice Department rejected his claims after conducting two evidentiary hearings. McCready then filed a petition for a writ of mandate in the superior court, which was denied. We conclude that McCready’s criminal history record contains no material inaccuracies, and affirm. FACTUAL AND PROCEDURAL BACKGROUND McCready has been convicted of several crimes, including a 1999 conviction for attempting lewd and lascivious acts with a child under the age of 14 (Pen. Code, § 288, 1 subd. (a)). This offense requires McCready to register as a sex offender. (§ 290, subds. (b) & (c).) The Bureau is required by statute to maintain “state summary criminal history information” on individuals (§ 11105, subd. (a)), and to make this information available to statutorily enumerated entities and individuals who are doing background checks on individuals seeking to work with them (id., subd. (b)). McCready’s criminal history report includes, among other things, his true name as well as aliases he has used; his physical characteristics (sex, race, height, weight, eye and hair color); his date of birth, his social security number, and his California driver’s license number; his criminal convictions, including their dates and the sentences imposed; the names of the six different agencies that have requested his criminal history record as well as the dates of their requests; and a notation that he had registered as a sex offender with the San Bernardino Police Department on September 9, 2003. A person has the statutory right to challenge “the accuracy or completeness of any material matter” contained in his criminal history record. (§ 11126, subd. (a).) Starting in 2004, McCready exercised that right and raised a number of challenges to his report.