East Bay Municipal Utility District v. Appellate Department of Superior Court of Alameda County

Plaintiffs and appellants appeal from an order of dismissal entered after the trial court sustained the demurrer without leave to amend of defendants and respondents Evelle Younger, Attorney General of the State of California, and James R. Rasmussen, Assistant Director of the Identification and Information Branch of the California Department of Justice. The gist of appellants legal claim against respondents is that if a public employer, authorized by law to receive criminal offender record information, but prohibited by law from considering a record of an arrest which did not result in a conviction, is sent a record containing any entries of arrest which did not result in convictions, this procedure violates state and federal statutes and Constitutions. We have determined that the allegations of the complaint state a prima facie violation of the state constitutional right of privacy.