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Anti-Hero
12-16-2007, 03:41 PM
I just did a federal / state livescan with the DOJ and it came back with nothing on it which I expected.

I was arrested once when I was 14 (15 years ago) for a youthful indiscretion, but was never convicted of any crime. According to the DOJ website this report should also include juvenile records too.

My question(s) are:

1) Is there a separate file maintained on arrests?
2) If there is a ding on my background is there another process which I need to get this information?

Rel
12-16-2007, 04:41 PM
Not sure exactly what you asking.....

For your background, just disclose what it was, and when it was. Your background officer will check your background against your livescan.

Are you being told to have copies of the report? Since you came back clean, I wouldn't stress over it.

Anti-Hero
12-16-2007, 05:38 PM
Not sure exactly what you asking.....

For your background, just disclose what it was, and when it was. Your background officer will check your background against your livescan.

Are you being told to have copies of the report? Since you came back clean, I wouldn't stress over it.

Rel, thanks for the reply.

This wasn't for a LE background investigation. My question is: Is there a record somewhere of when I was arrested? Even though I don't have any criminal record.

Rel
12-16-2007, 05:47 PM
Rel, thanks for the reply.

This wasn't for a LE background investigation. My question is: Is there a record somewhere of when I was arrested? Even though I don't have any criminal record.

I want to say on your criminal history report, but there was no conviction, so I don't think that it will be listed.

What about contacting the agency that arrested you? They would have something, I would think, in the database.

Other then that, I'm not sure.

Tom2
12-16-2007, 08:45 PM
Generally for "minor" offense reports:

1) arrests are like any other reports, all kept in the records unit for certain amount of time (5 +/- years average).

2) If it's been over ten (10) years, the records for your arrest situation may be either destoyed (including any evidence - if applicable, especially if it never went to court). The report may be saved on film, deep in storage somewhere. Again, this is dependent on how the department wants to archive things and for how long. It may (but very doubtful) that it's on their "local" computer (data base) system.

Bottomline, You were arrested and not convicted. IF it shows up on your livescan, it will show exactly that (and usually a reason for why it was not followed through legally, i.e. dismissed in the interest of justice, detention only, DA refused to file, etc.

Don't sweat it!

Good luck

CA Cop
12-16-2007, 10:10 PM
Some of you who are not LEO's don't have a clue what you're talking about and are giving out false or misleading information that would get this guy into trouble!

In San Francisco, it will show up in your QRAP sheet, even if you weren't convicted or the case was dismissed. Police officers have access to that information, not civilians. I can even check a particular address or name and anything in regards to that will show up, the number of times police were dispatched to a certain address, the reason for the call, etc... All arrests, detentions (849b PC), including juvenile arrests/detentions will show up on a police backround check. For a simple civilian clearance reports for your private employment, it would not show up.

Even victims, witnesses would show up if I do a mass query. You are most likely trying to conceal or lie for a police background. I would recommend that you disclose that information since you will have to sign a waiver. Background investigators have a lot of resources at their disposal, besides the Live Scan.

motorman4life
12-16-2007, 11:30 PM
CA cop is right.

I recall in past situations that original copies of closed case files are routinely held for 11 years. Many old arrests and crimes (pre 1992) are held in "manual" files, which could be hardcopy or microfiche. Newer files may be scanned and the originals placed in storage or disposed after all legal retention periods are lapsed. That does not mean the record of the arrest is not maintained.

Juvenile records may or may not be sealed without a request. A record of an arrest or court adjudication would be kept in another location It may take someone looking for them specifically to find them, but I have no doubt they exist, in at least one form or another. It is easier for the originating agency to find such files, as they have the data available in more of their "resources." What gets reported to the regional, state and federal system will obviously be lacking what a local record would hold.

Livescan only pulls up "automated" (electronic) records. That means it only "sees" what was put in for that arrest or case. For older cases, it may merely show that there is a manual report on file. If your record remained clean, it is possible the juvenile record was not catalogued in livescan or it may have been overlooked or it may be one of many millions of past case files that are awaiting filing.

Lastly, some agencies, to expedite their backlog of case file processing, may have set up arbitrary cut-off dates for what records they would be entering into the new automated system. Your case may have fallen on the other side of that cut-off and the record is languishing in a folder in a storage room, never to see the light of day again.

As for a background, you are better off reporting it than to have it possibly come up later. Something you disclose that happened 10 or 15 years ago will have little impact. Something you chose to conceal now, no matter how long ago and no matter how petty it may be.. will have a HUGE impact.

JPM
12-17-2007, 12:03 AM
And remember background investigator talk to friend, families, ect. and they don't stop at those you just put on your background. For every person you give they probably dig 5 more from that person and so on. When they talk to old Aunt Jenny or Uncle John and they reminisce about that time your parents told them about your contact with the police for...... Even if the record was purged or sealed but there is no mention of it in your background, you will get booted from the process quick.

Anti-Hero
12-17-2007, 12:16 AM
Some of you who are not LEO's don't have a clue what you're talking about and are giving out false or misleading information that would get this guy into trouble!

In San Francisco, it will show up in your QRAP sheet, even if you weren't convicted or the case was dismissed. Police officers have access to that information, not civilians. I can even check a particular address or name and anything in regards to that will show up, the number of times police were dispatched to a certain address, the reason for the call, etc... All arrests, detentions (849b PC), including juvenile arrests/detentions will show up on a police backround check. For a simple civilian clearance reports for your private employment, it would not show up.

Even victims, witnesses would show up if I do a mass query. You are most likely trying to conceal or lie for a police background. I would recommend that you disclose that information since you will have to sign a waiver. Background investigators have a lot of resources at their disposal, besides the Live Scan.

I am NOT interested in this information for a law enforcement background investigation, nor is it for employment. I am quite gainfully employed and not interested in changing as much as a career in LE would probably kick ass. I got curious one day as to if I had a criminal history because of the arrest when I was 14 so I went to the DOJ website and got the forms and did a livescan. I was showing a friend who works for the court my livescan, and he said that the sheriffs office still maintain a file separate from my CA DOJ records. So I thought I would ask the LEO's here if that was indeed the case. I am not in any way attempting to conceal anything.

By the way the arrest was when I was 14; I took my parents car out to go pick up some girls and ended up crashing through a fence. :blush

Again, thanks for the replies everyone.