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Motion For Transfer Domestic Violence & Civil Orders

Discussion in 'Criminal Charges' started by fc3d.1123, Jul 13, 2017.

  1. fc3d.1123

    fc3d.1123 Law Topic Starter New Member

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    Jurisdiction:
    California
    Originally I was charged in Marin County, CA. I was granted a Motion For Transfer to Kern County, CA. My case recently got dismissed in Kern County, but a background check indicates the charge in Marin County, CA remains as a conviction. So when a background check is submitted it gives the impression there is 1 charge in Marin County and 1 charge in Kern County. Conviction in Marin County and Dismissal in Kern County with the same file date. Why doesn't Marin County reveal in a background check that the case was transferred so there would be no confusion during a background check? Any advice or help would be greatly appreciated. Thank you
     
  2. mightymoose

    mightymoose Moderator

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    Have you contacted Marin County to ask about this? Do you have documentation to provide them showing the dismissal?

    My bet is that once it transferred Marin had no further interest. If you do some legwork you may be able to clear it up on your own. If you don't have much luck you might check with an attorney or even a paralegal who knows the system and how to make things happen.
     
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  3. army judge

    army judge Super Moderator

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    Your question is far too complex with too many variables for an internet site.

    You might wish to talk to a lawyer or two in your area.

    Generally, even IF acquitted at trial, state arrest records aren't magically scrubbed.

    Then there's the ever so thorny federal retention of those arrest records, including fingerprints and mugshots by the FBI.
     
  4. mightymoose

    mightymoose Moderator

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    Also, are you certain the record in Marin is of a "conviction" and not simply an "arrest"?
    The dismissal would not erase the arrest record.
     
  5. fc3d.1123

    fc3d.1123 Law Topic Starter New Member

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    Thanks Moose, I think your right about Marin having no interest. Once I get the documentation I am going to pursue presenting them with the dismissal. Thanks for the advice, If I don't have any luck I'm hoping to find an attorney that can help with a fair rate. Thank you
     
  6. fc3d.1123

    fc3d.1123 Law Topic Starter New Member

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    I'm not looking for it to erase because there is no statute for expungement in California. I'm just wanting it to be consistent with Kern County Supreme Courts Dismissal so it doesn't conflict in a background report.
     
  7. zddoodah

    zddoodah Well-Known Member

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    What exactly does that mean? Doe it simply mean that whoever conducted the background check is reporting a conviction out of Marin County? Saying that a "charge . . . remains as a conviction" makes no sense. A charge is one thing, and a conviction is something else entirely.

    I hope it goes without saying that we have no conceivable way of knowing why a county (or any person employed by that county) did something as concerns your case. However, neither Marin County nor any other county "reveals" anything "in a background check." Until you visit the court clerk's office in San Rafael, you won't really know if this is a mistake by the person who conducted the background check or the court disseminating inaccurate information.

    Based on what you told us, the Marin County case file should indicate that charges were filed and that the case was transferred prior to a final disposition. It shouldn't show anything about a dismissal or any other disposition that happened after the transfer.
     
  8. fc3d.1123

    fc3d.1123 Law Topic Starter New Member

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    Thank you for your reply and insight zddoodah, I was just concerned about the record in Marin County and if it needed to be updated from the dismissal disposition in the transferred County. Thanks again
     
  9. fc3d.1123

    fc3d.1123 Law Topic Starter New Member

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    Just to add, the current disposition as I know in Marin County is Guilty. As of 2 days ago this charge got dismissed in Kern County. Should the current disposition in Kern County be Dismissed?
     
  10. army judge

    army judge Super Moderator

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    I suggest you make your inquiry of the fine folks in Kern County:

    Superior Court of Kern County

    You might first inquire of the court clerk, informing him/her of what you're trying to do, and how best you might go about it.

    What you're trying to do will sometimes require a motion be made by the DA or by you (or your lawyer) to the court involved. Ask the RIGHT person and ye shall receive.
     
  11. zddoodah

    zddoodah Well-Known Member

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    Based on what you've told us, the Kern County file ought to show that the case was initiated as a result of a transfer from Marin and that the charges were dismissed. I've already told you what the Marin County file should reflect (based on what you've told us). If it shows you were convicted (you wrote that "the current disposition as I know in Marin County is Guilty" but I don't really know what that means), then you should contact someone at the clerk's office. However, you might need to file a motion, in which case you should consult with a local attorney.

    Note that the folks in Kern aren't going to report anything to the folks in Marin, and the folks in Marin aren't going to seek out info about what happened to the case post-transfer.
     
  12. fc3d.1123

    fc3d.1123 Law Topic Starter New Member

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    Thank you zdd, I called the criminal county clerk in Marin and they confirmed the case is transferred to Marin and there shouldn't be a disposition in a background check. Only the charge, so I think I'm good for now in regards to this scenario. Thank you again for your support it helps a lot. It's to bad there's no expungement laws in California :(
     
  13. mightymoose

    mightymoose Moderator

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    It is too soon to expect the Marin record to reflect what was done in Kern. Two days is no time at all when it comes to government work. Be patient. Wait a minimum of 30 days before doing anything.
     
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  14. fc3d.1123

    fc3d.1123 Law Topic Starter New Member

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    I meant transferred to Kern, sorry for the typo. Thank you
     
  15. fc3d.1123

    fc3d.1123 Law Topic Starter New Member

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    Thank you Moose, sounds good
     
  16. zddoodah

    zddoodah Well-Known Member

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    The Marin record is never going to reflect what happened in Kern.
     
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  17. army judge

    army judge Super Moderator

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    Have you ever seen such an occurrence?

    I haven't.
     
  18. mightymoose

    mightymoose Moderator

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    It will if there is a discrepancy to be corrected. It might only indicate transfer rather than dismissal, but it can be corrected.
    However, I suspect it is an arrest record that is coming up in Marin, not a record of conviction.
    Whatever the case, it can be straightened out between the clerk's offices.
     
  19. zddoodah

    zddoodah Well-Known Member

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    Not sure what you mean by "such an occurrence," but I have been involved in plenty of cases in California that were transferred from one county to another. Once the transfer is complete, the transferror county closes its file and has no further involvement.
     
  20. army judge

    army judge Super Moderator

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    You describe what transfer is all about.

    The transfer doesn't erase or dissolve the matter.

    I suspect that is what the OP seeks.
     

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