Idaho Ca screwed me again!

[terdog]

I was joking good luck

Ah. . Couldn't tell.

 

[Stomper]

I was joking good luck

I wasn't... a good and proper earthquake.

 

[Jonnyuma]

I have/had a similar issue with AZ... an arrest (in 1996), no charges. The city that arrested me failed to supply the county with booking records so I got booked into county jail later that day. Sooo.... booked twice, no trial or charges, no existing records of me at the city, county, or state. Obviously I'M suspect.

This results in a delay about every 5 yrs or so (last time in 2017). Various certified letters to various agencies yielded no return correspondence... it may be cleared-up now, but I don't know. They don't know. The feds don't know. Nobody knows... quite a system they have there. It's frustrating.

For clarity, this was not a DV case. The original charge was for disorderly conduct... me and another drunk were told to "take it outside", so we did... and both got hooked-up and hauled off at the same time. I don't know if he has the same periodic issues as I do, we never did become buddies afterwards.

 

[Stomper]

Back in the early 90's I got arrested by the Portland Police Bureau and the Mult. Co. DA charged me with menacing and assault IV because I broke the back of a dude I caught red-handed breaking into my house.... the case was dismissed (DA was PISSED... HA HA!!) and I've never had issues with security clearances or UBC's.


Temper temper....

 

[terdog]

terdog,

Have you determined if the problem is with CADOJ or the FBI? If it is with the FBI, then you will have to file an FBI NICS appeal. I have been through this process before. If you want to discuss this further send me a message. I am in Post Falls.

PM inbound!

 

[terdog]

Its frustrating that they have rules for us (30 days to do this or that), but there appears to be no time limits on them.

I'd like to sue them, but I don't have the money for a lawyer.

 

[terdog]

You don't understand. Every time I do a background check, it gets kicked. I've done nothing wrong yet I'm suffering the penalties.

I will fight this to keep my rights.
I will prevail.

 

[BAJ475]

terdog,

The fist step needs to be taken by the arresting agency. "the person shall be issued a certificate by the law enforcement agency which arrested him or her describing the action as a detention" (PEN §851.6. (b) ) Did you ever receive such a certificate? If not, you should write to the arresting agency and demand that they furnish you with the certificate and provide you with proof that they have deleted the arrest from their arrest records and that they have notified the California Department of Justice of their actions deleting your arrest from their records. Thereafter, you should write the CA DOJ to verify that they have deleted the arrest from their records and that they have notified the FBI that the arrest needs to be deleted from the FBI's records. After this has been done, it will be between you and the FBI. If the FBI does not correct their records to show that you are not a prohibited person, you will need to file a NICS appeal. See 28 C.F.R. § 25.10 [at the request of an individual, the FBI has an obligation to verify the correctness of its NICS records with the originating agency and take all necessary steps to correct the record in NICS.] If you would like to discuss this further, we could meet at Trails End in CDA.

 

[madmax]

Get another letter from DA or Cal DOJ. then xerox it and put it in your files.

LMAO, boomer, today we scan it as an pdf and save it

 

[Idahorules]

At least some of you guys live in the Last Free State! CV19 has shown most that no earthly party or political machine, nor even social media can keep us from harm.

Family and Faith, and the Great State of Idaho, are my hallmarks for a better life.

Find me at church or hunting and fishing in St Maries, Emida, or anywhere in N. Idaho
My Guns and Gear at Palouse Ads.


GOD and Mauser!

 

[WillametteWill]

LMAO, boomer, today we scan it as an pdf and save it

Sorry for the slight drift, but we still Xerox papers, "tape" audio recordings, Call CD's records (ohhh, now digital audio), use tin foil and a host of others. Old habits die hard.

Back to the thread, CPC §851.6(b) will not likely apply. If you read the entire section, this applies to specific arrest under CPC §849. These arrests are deemed detentions under certain conditions. No charges ever being filed is not one of them. These are for when someone is taken into custody due to intoxication and no charges are ever intended (lawful detention but released in the interest of justice, i.e. drunk tank), mental health evaluations, or if the officer basically want to un-arrest someone, (example, DUI arrest, horrible field sobriety tests, but has a low alcohol content at jail...by be release with no charges filed). It appears that (b) is related to (a).

In an arrest different from above (I.e. a "normal" arrest) the agency requests charges from the DA or city attorney. They have no control over whether charges are filed. If no charges are filed the agency will still clear the case (paperwork wise) as an arrest. Same if a person is charged, tried, and not convicted...still an arrest but no conviction. There is a myriad of reasons charges are not filed, including the DA being too busy. The officer and agency will still stand by their arrest and believe the arrestee is still the suspect and guilty. There are cases where a judge can rule a person is "factually innocent" which in my understanding, should clear the record. These case are rare, as in OJ is not factually innocent.

One reason I think (b) is tied to (a) is the lack of this ever happening with agencies I'm familiar with. Also from looking at reams of rap sheets showing arrests and no convictions. Of course not legal advice but just sharing my experience. Willing to learn if there is other information out there.

 

[BAJ475]

Back to the thread, CPC §851.6(b) will not likely apply. If you read the entire section, this applies to specific arrest under CPC §849. These arrests are deemed detentions under certain conditions. No charges ever being filed is not one of them. These are for when someone is taken into custody due to intoxication and no charges are ever intended (lawful detention but released in the interest of justice, i.e. drunk tank), mental health evaluations, or if the officer basically want to un-arrest someone, (example, DUI arrest, horrible field sobriety tests, but has a low alcohol content at jail...by be release with no charges filed). It appears that (b) is related to (a).

In an arrest different from above (I.e. a "normal" arrest) the agency requests charges from the DA or city attorney. They have no control over whether charges are filed. If no charges are filed the agency will still clear the case (paperwork wise) as an arrest. Same if a person is charged, tried, and not convicted...still an arrest but no conviction. There is a myriad of reasons charges are not filed, including the DA being too busy. The officer and agency will still stand by their arrest and believe the arrestee is still the suspect and guilty. There are cases where a judge can rule a person is "factually innocent" which in my understanding, should clear the record. These case are rare, as in OJ is not factually innocent.

One reason I think (b) is tied to (a) is the lack of this ever happening with agencies I'm familiar with. Also from looking at reams of rap sheets showing arrests and no convictions. Of course not legal advice but just sharing my experience. Willing to learn if there is other information out there.

Others have expressed the same view. However, this view cannot be squared with Schmidt v. California Highway Patrol (2016) 1 Cal.App.5th 1287 where the trial court and the court of appeal applied CPC §851.6(b) to a DUI arrest, after the local DA decided not to file charges

 

[WillametteWill]

Thanks for the case law reference. Looks like I'll be learning something new! I'll pull that up and take a look when a have a moment. Thanks @BAJ475

 

[terdog]

I got nothing to loose by trying it.
Again, my copy of my criminal history shows that Ca has never cleared the charges after notifying DOJ about the arrest. How they couldn't since '88 shows how EFFED up they are.

 

[terdog]

I just got off the phone with the DA's office. They won't send anything to DOJ until DOJ puts in a request. They have done what they will do in providing me with a letter. They've washed their hands.

 

[JuglansRegia]

So much for due process, this practice sounds un-constitutional, you should not have to produce a letter proclaiming your innocence. You would probably have to hire an attorney to get your arrest record expunged if possible, otherwise this will continue to pop up. A lot of times there will be no written record of the encounter because agencies and courts purge their paper records every 10 years or whatever but I guess once its digitized and in a data base or on multiple servers, it can last forever.

 

[terdog]

I called the sheriffs office and got ahold of a supervisor. Might be making some headway with that CPC 851.6b
Thanks all!

 

[terdog]

Possibly. But, I don't want to spend $$$ on an attorney just yet. Guess that I'm a DIY kinda guy.

I HAVE stayed at a Holiday Inn ...

 

[BAJ475]

I just got off the phone with the DA's office. They won't send anything to DOJ until DOJ puts in a request. They have done what they will do in providing me with a letter. They've washed their hands.

Under CPC§851.6(b) , it is the arresting agency's duty to provide you with the certificate and notify CADOJ, not the DA. My invitation to meet at Trails End (the new brewery just off of US95) is still open.

 

[SUPER X]

Back in the early 90's I got arrested by the Portland Police Bureau and the Mult. Co. DA charged me with menacing and assault IV because I broke the back of a dude I caught red-handed breaking into my house.... the case was dismissed (DA was PISSED... HA HA!!) and I've never had issues with security clearances or UBC's.


Temper temper....

Good thing you didnt hurt his feelings ,You could have been in big trouble