1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

How do I expunge police investigation in my city record?

Discussion in 'Criminal Records, Expungement' started by Howdy, May 5, 2019.

  1. Howdy

    Howdy Law Topic Starter New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    1
    More than a decade ago, local police had an investigation on me. I thought that it was long gone. I didn't know that the city keeps the record!

    The city and the court told me that since I was not arrested or charged, they can't expunge it. I was asked to contact the department of justice. I assume it is the local state - california.

    From the email that they sent to me, they want me to first send them my fingerprints. Then if I think that there is something inaccurate, maybe they can do something about it. I don't know if the person didn't understand my question, or if they really can't expunge the record?

    The city told me that they keep those kinds of records all the way to the 1990's!

    I wonder if other cities also keep those police investigation records for a long time?

    Is there anyway for me to expunge it? Thanks.

    -----
    My second reply for the new readers.

    When I tried to get a government job, the background investigator was able to get a full record of it. He asked for an explanation for it, and he also told me it will be sent to the government for adjudication, etc.

    I am still waiting for the result.

    I am guessing that anytime some employers ask for a city criminal record, they will get a copy of it.


    3. When I asked for a copy from the city, the city only gave me a simplified version. They didn't give me a full record as the investigator showed to me. What is the reason for that? Is there anyway that I can get a full copy?

    Thanks.
     
    Last edited: May 5, 2019
  2. Tax Counsel

    Tax Counsel Active Member

    Messages:
    392
    Likes Received:
    190
    Trophy Points:
    43

    California law allows for expungement of certain arrest and conviction records. But there is no provision for expungement of an investigation record in which you are mentioned. Such an old investigation report shouldn't be causing you any problems though. Employer third party background checks cannot report it and California law prevents employers from asking about it on the employment application. Apart from employers, few would be motivated to try to locate that kind of information on you.
     
    Howdy likes this.
  3. Howdy

    Howdy Law Topic Starter New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    1
    Thanks for the quick reply.

    When I tried to get a government job, the background investigator was able to get a full record of it from my city which I didn't even know that it existed. He asked for an explanation for it, and he also told me it will be sent to the government for adjudication, etc.

    I am still waiting for the result.

    I am guessing that anytime some employers ask for a city record, they will get a copy of it.
     
  4. Tax Counsel

    Tax Counsel Active Member

    Messages:
    392
    Likes Received:
    190
    Trophy Points:
    43



    What kind of job was it and which agency? Applicants for most government jobs are not screened by an agency investigator. It is too costly and not needed for most positions. Of course law enforcement jobs, jobs with access to sensitive agency or personal information, and positions requiring security clearances are the big exceptions to that.


    Almost all private employers will use a third party background check for this stuff, if they do a background check at all. And that means the restrictions I mentioned before will apply, notably that the third party company providing the background check cannot provide records that predate the report by more than seven years.

    In short, getting this kind of police investigation report is not something that most employers are ever going to do.
     
  5. Howdy

    Howdy Law Topic Starter New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    1
    It is a public trust job. (I am hoping that the government will not reject me because of this record.)

    If I want to apply for government jobs that require clearance, I assume that the government will also get a full copy of it since the city keeps the records all the way to the 1990's.

    ----
    My second question, so are you saying that if a third party background check company ask for my criminal record from my city, the city will not show them this police investigation which happened more than 10 years ago?

    Thanks.
     
  6. Tax Counsel

    Tax Counsel Active Member

    Messages:
    392
    Likes Received:
    190
    Trophy Points:
    43

    Most background check firms don't bother going out to get investigation reports in the first place as they aren't very useful. But even if they do go out and get the report, federal law prohibits the third party firm from providing to the employer any criminal information about you that is over 7 years old other than convictions. Thus, records of arrests, etc that are over 7 years old cannot be included on the report the background check company gives the employer. Only the convictions stay on longer than 7 years.
     

Share This Page