Sex Crimes, Sex Offenders Calif Registered Sex Offender - PC314.1

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joejohns

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I have been registered under pc290 since 1999, my offence was a single count of 314.1 No other charges, no deals other than informal probation and resistration. The DA would not deal in any way and my first arrest/offence turned into life on the list. I am working up a Cert of Rehab case, but did have a run in with a local city PD in which a FI card was completed about a year ago. My two hello's (other than traffic ticket) to policy in anyway, are the above two times. Questions, will the local county court find/locate/know about the run in I have with a local city PD when I file for my cert?
 
gordon92692 said:
I have been registered under pc290 since 1999, my offence was a single count of 314.1 No other charges, no deals other than informal probation and resistration. The DA would not deal in any way and my first arrest/offence turned into life on the list. I am working up a Cert of Rehab case, but did have a run in with a local city PD in which a FI card was completed about a year ago. My two hello's (other than traffic ticket) to policy in anyway, are the above two times. Questions, will the local county court find/locate/know about the run in I have with a local city PD when I file for my cert?
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Who knows what the court could or might discover about you.

So, if you're asking should you disclose EVERY contact you had with the police, what do you think?

You're trying to prove you're a changed person.

You're trying to show the court your character is back on track.

You want to illustrate to the court how you've been rehabilitated.

You're asking to court to grant you some forbearance and relief.

If the court discovers you LIED (or were less than truthful), you'll shoot yourself in the butt.

So, just tell the whole truth, nothing but the truth.

You didn't get in the mess you're mired in by doing the right thing, did you?

You won't get out that way, either!
 
I fully understand a your point, but you have much more faith in the system than I do. I no longer see as this great perfect system that gets the bad guys. I am looking out for my best interest. The court is not some parent I wish to impress, it in an ogre that I need to get away from...
 
What I am asking is what is the process for the PDs / courts sharing info? Does the court need to ask the individual PDs? Is there a database that they can look at and see everything? Not sure how "contacts" work and need to know the course that has the best chance of success. I could shot myself in the foot (butt?) by telling them...
 
gordon92692 said:
What I am asking is what is the process for the PDs / courts sharing info? Does the court need to ask the individual PDs? Is there a database that they can look at and see everything? Not sure how "contacts" work and need to know the course that has the best chance of success. I could shot myself in the foot (butt?) by telling them...
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I never said I had faith in the court.

I simply said that no one can tell you what the court might find out, or already knows.

That said, yes there are ways they can discover things about any of us.

Usually the DA that persecuted you is aware (or will soon be aware) of your pursuit(s).

Big Brother and Big Sister have their ways of watching all of us, but they usually focus on a small percentage of us.

You'll have to do what YOU think is best.

That way, if it works, you can congratulate yourself.

If it doesn't, you'll have no one be upset at (other than Big Brother & Big Sister) but yourself.
 
Some agencies enter their FIs into a county-wide system ... others either make no such entry or have no such county-wide system.

It would not take much effort for the court to inquire and ask about any contacts. And since the DA must respond to your petition, chances are they WILL make the inquiry.

Has your conviction been dismissed per PC 1203.4? If not, then it appears you are not eligible.
 
My conviction has been dismissed per PC 1203.4 and the FI was at a local PD that appears to keep their own database. Not sure is Orange County has a county wide system or not. If no county wide system would they have to inquiry with every city in the county or would they target the PDs with I live and work within?
 
No one can predict how far the DA or the court might look for input. My guess is that they will search county wide given you are a sex offender.

And, yes, Orange County has (or had ... no reason to think it has gone away) a countywide system that most (perhaps all) agencies participate in.
 
I do not have any direct experience other than being on the receiving end of records' requests (I am my agency's records supervisor). But, I cannot imagine that a single FI would kill it, though most DA's offices are reluctant to cut loose people that are sex offender registrants. But, you never know.
 
Not easily, no. You might be able to get that info from each and every agency that has contacted you, but they may not readily provide you any details of that info.

You were there. You should know the nature of the contact. Assume that it is pretty much what happened boiled down to one or two short sentences.

Yes, you can make a public records requests, but intelligence information is not subject to release and I can pretty much guarantee that the police will claim an exception under GC 6254(f0 for the FI info.
 
Thank you. Also, does anyone know how long FI cards or contact stay on record? Does the PD purge all records at some point? How long can a PD hold an uncharged or unproven record? If there is a county system, how long can that system hold the records? Are FI card regulated in any way or are the courts / PDs uncontroled in this?
 
gordon92692 said:
Thank you. Also, does anyone know how long FI cards or contact stay on record? Does the PD purge all records at some point? How long can a PD hold an uncharged or unproven record? If there is a county system, how long can that system hold the records? Are FI card regulated in any way or are the courts / PDs uncontroled in this?
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FI information can stay with the department forever. How long they want to hold that info is entirely up to them. The agencies where I have worked would hold that data for the life of the computer system (which is about forever these days), and would not purge the hard copies at all.

The laws here mandate a minimum time that agencies must hold onto public records, they do not mandate that they be destroyed after a time. An agency may choose to purge their records, but why would they destroy these records of contacts?
 
gordon92692 said:
If the agency has a policy of purging, does the county record also get purged?
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The county would have its own policy, but once again, why should they?

Assume the FI will be there forever and that it will involve a description of you and your clothing and one or two sentences about why you were contacted. Unless you were charged with a crime, it should be a big whopping nothing. Or, does the FI contain information about you loitering near or flirting with small children or some such thing?
 
No nothing like that. I was at a place of business that was raided for gang ties to the owner. I was just there as a customer at the time.

My charge had nothing to do with children. 314.1 = indecent exposure. I was alone in traffic...
 
Then do not stress about it. You have absolutely no control over the FI, where it has been entered, IF it has been entered, and how long it exists, so don't let it stop you from completing the application.
 
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