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DOJ inaccuracy

Discussion in 'Criminal Records, Expungement' started by 72Lawrencem, Dec 5, 2020.

  1. 72Lawrencem

    72Lawrencem Law Topic Starter New Member

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    Jurisdiction:
    California
    After obtaining a Livescan I found that a case back in 1982 for 148 PC (a.) was still reflected as “no info available” the case was actually dismissed in my favor in 1983, however when I went to the court to obtain a copy of the file showing the dismissal, I was told that the file had been “Purged and or Destroyed” which essentially means that I cannot contest it with the DOJ as there is evidently no record reflecting the dismissal available, is there any where I could possibly obtain some kind of archived file or another way to contest the information on file with the DOJ?
     
  2. adjusterjack

    adjusterjack Super Moderator

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    What, exactly, does Livescan say about the case?

    And why bother with it after 37 years? Has it caused you any problems in the last 37 years?
     
  3. zddoodah

    zddoodah Well-Known Member

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    Huh? You said that whatever report you're referring to says "no info available," which is true. How could you possibly contest that?

    I'm not sure what you have in mind, but you told us that the clerk told you that the file has been "purged and/or destroyed." Do you expect that anyone would be concerned about a nearly forty year old misdemeanor charge?
     
  4. 72Lawrencem

    72Lawrencem Law Topic Starter New Member

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    First of all, all info matters, in this case at least as it pertains to a background check for a position that I cannot elaborate on even after 38 years, second unfortunately both the DOJ nor the FBI see it that way either, exactly what is said on the livescan is what was conveyed “no information available” which shows the case as being in limbo, as in “not” resolved, in order to to amend the livescan the case must read “dismissed” which should have been done on completion of the court proceedings and communicated to the DOJ, so at this point I am looking for a direction or source to where I might locate any archived court information to resolve this issue.
     
  5. zddoodah

    zddoodah Well-Known Member

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    Not sure what to tell you other than contact a criminal defense attorney in the county where the case was heard.
     

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