Arrest, Search, Seizure, Warrant criminal arrest record

[sacramento413]

I have a arrest record from the Department of Justice that did not lead to prosecution or conviction. It's been 11 years and I am looking for sensitive jobs out there.
2 counts/ both leading to warrants.
1 count failure to appear
1 count from the previous 2 counts mentioned with a disposition leading to the prosecution rejected.

Can I goto the police department that issued warrants and arrests to ask for correction procedures(or even if they have those arrests on file anymore?).
What can I do about that failure to appear?

Just looking to seal; or even better purge these records from my file.

Also the FBI...do they have these records?

 

[CdwJava]

Based upon your nickname, I assume you are in CA.

I have a arrest record from the Department of Justice that did not lead to prosecution or conviction.

The police department is not going to seal or destroy records because you ask nicely.

Here is info on clearing a criminal record:

http://www.courtinfo.ca.gov/selfhelp/other/crimlawclean.htm

And here is how to check your record with the CA DOJ and to contest any erroneous information:

http://ag.ca.gov/fingerprints/security.php

What can I do about that failure to appear?

What was the result? Was a warrant issued? Were charges dropped?

What kind of job are you trying to get that actually can access DOJ records? Since that is not available to the overwhelming majority of employers in CA, it is either NOT DOJ records they are receiving, or, you are applying for a law enforcement job, a sensitive government job, or one that requires a security clearance.

Just looking to seal; or even better purge these records from my file.

Check with the first link. You may also want to consult an attorney to see if your situation will allow those to be sealed or purged. However, that does NOT mean that certain employers (law enforcement, sensitive government employers, or security clearances) will not still have access to this info.

Also the FBI...do they have these records?

You'd have to check with them. Try this link:

http://www.fbi.gov/hq/cjisd/fprequest.htm

- Carl

 

[sacramento413]

A warrant was not issued(that I see on my DOJ file) for my failure to appear, but warrants were issued on 2 counts of pc 484 and pc 490.1. My file does state there was a failure to appear citation that was subsequently dismissed by the court itself;stating DISPO: dismissed. I understand that sealing information does not erase information on my criminal history from the Department of Justice or any other law enforcement agency, but purging does(including justice records and FBI records.)I do understand that ANY criminal history has to be reported to the law enforcement, but not having those records on file helps alot!!
As for the job I'm trying to get, it would have to do with the government itself. They are asking for no misdemeanor or felony convictions, but knowing how government conducts screeinings, blemishes on my record like this just add to the frustration.

 

[CdwJava]

I used an incorrect term when I said "purged", the actual action is to have the record "expunged."

If the warrants are still active, you can forget about having any record expunged.

And even under expungement, you will still likely have an obligation to disclose this history to many prospective government employers.

Consult local counsel so that an attorney can evaluate YOUR specific circumstances and provide you with an avenue of attack.

- Carl

 

[sacramento413]

Thank you for the information. I did some research myself when it comes to California procedures myself-please read to see if it is accurate with your experience.

-Expungement takes the record off your file, but offices like the FBI and other law agencies keep a record of such history;just not for public view.

-Purging is tough to do , but if there was no fault on your part(factually innocent), you can file with the issuing agency or agencies to have arrests, warrants and such completely removed from your record-that includes their internal library.

-Warrants that have been issued to me are no longer active, obviously, but such records like the DOJ, they might not seen as such, especially to people with no access to records numbers associated with them.

 

[CdwJava]

Thank you for the information. I did some research myself when it comes to California procedures myself-please read to see if it is accurate with your experience.

Note that any response I give is subject to caveats and exceptions ... depending on the FACTS in yopur case, the answers might vary.

-Expungement takes the record off your file, but offices like the FBI and other law agencies keep a record of such history;just not for public view.

Generally true. Plus, even if expunged, many government or law enforcement jobs, and those requiring a security clearance will often REQUIRE you to disclose these offenses - expunged or not.

-Purging is tough to do , but if there was no fault on your part(factually innocent), you can file with the issuing agency or agencies to have arrests, warrants and such completely removed from your record-that includes their internal library.

This tends to be voluntary on the part of the record holder. Absent a court order compeling an agency to destroy recrods, most agencies will not do so. I have been in charge of my agency's record section for 6 years now, and I have yet to ever see such an order.

-Warrants that have been issued to me are no longer active, obviously, but such records like the DOJ, they might not seen as such, especially to people with no access to records numbers associated with them.

DOJ's CORI files (criminal offender record) are NOT subject to public review. However, a court may have a record of the warrant being issued as well as any other action taken involving you. These court records are generally publicly available upon request, and many on-line background research firms buy these annually from the courts.

There is no certain way to remove these from everywhere and from everyone's memory. And once these records are out in the public domain (sucah as court records in the possession of prvate agencies) then they tend to remain for seven years or more (depending on the record).

I would still recommend you consult an attorney to see what you can do with your record. I suspect you will not be able to get it purged in any way, and if a background is done by a private firm it will be years before this falls off your records with them.

- Carl

 

[sacramento413]

Thank you for you input, judge Carl, it is much appreciated.

I have consulted an attorney , and he had advised me that we would discuss sealing these records from public view. The BIG issue here is that this "violation" extended from misdemeanor counts, to misdemeanor warrants, to a criminal infraction (which I have understood to be civil matters after that time) then a court decision to reject the prosecution of my case.

Arrests made, warrants issued, that have any bearing on a case that does not lead to a criminal conviction, deems the person factually innocent of the crime, and court orders, like you mentioned, will destroy records, but I will consult an attorney for this.(its' just so dang expensive!!)

6months to a year to finish this process I heave heard.

Funny thing is, judge, that after this incident, arrests on this, specific warrants issued, may have either been discarded by the police department as too old, or courts seeing this as a case that would not be of use for a repeat offense, therefore destoryed. But I will keep in mind the DOJ,old court records, and even the electronic archives of a city department.

I'm not sure if this would be of any help or discussion in your field, but criminal infractions can be treated with as much scrutiny as misdemeanors and felonys, but twice as difficult to explain as consideration more towards civil offenses. A judge can explain this, but few people, if any, have a judge want to talk about something as menial as an infraction.

Good thing that I wasn't prosecuted or convicted in this case...some agencies are interpreting it rather strangely, however.

 

[CdwJava]

to a criminal infraction (which I have understood to be civil matters after that time) then a court decision to reject the prosecution of my case.

An infraction is not a civil issue in CA - it is a criminal one. However, it is not an uissue that generally results in a criminal history record ... unless, as it appears here, that was the result of a reduced charge.

Arrests made, warrants issued, that have any bearing on a case that does not lead to a criminal conviction, deems the person factually innocent of the crime, and court orders, like you mentioned, will destroy records, but I will consult an attorney for this.(its' just so dang expensive!!)

Again, you can apply for the destruction of records with a claim of factual innocence, but absent a court order the agency you apply to does not have to destroy the records if they do not want to.

A crime not resulting in prosecution - or even resulting in a dismissal - does not automatically infer "factual innocence". More must be done, and a lot depends on the circumstances.

Check out PC 851.8 for further information.

Funny thing is, judge, that after this incident, arrests on this, specific warrants issued, may have either been discarded by the police department as too old, or courts seeing this as a case that would not be of use for a repeat offense, therefore destroyed. But I will keep in mind the DOJ,old court records, and even the electronic archives of a city department.

As a note, while my seniority here lists me as a "judge", I am not. In reality, I am a police supervisor in northern California.

Warrants are not simply discarded as they are not issued by police departments. A court may choose to recall a warrant, but the police can NOT just toss it as they are not in charge of issuing them.

Best to speak to that attorney as your situation is either very peculiar, or, you just aren't explaining it very well.

- Carl

 

[sacramento413]

Thanks again for you help.