A CLEAN RECORD

When an arrest, detention, or citation for a misdemeanor of a felony occurs, records are generated into the criminal justice information system.  As the case progresses, and eventually resolves, updates to the CJIS are supposed to continue, such that an individuals’ “RAP” sheet should properly reflect the case disposition.  This does not always occur as it should, and improprieties and inaccuracies are sometimes present.

The process of cleaning up a record is not a uniform one, as it can depend on the status of an individual’s case, what the nature of the resolution or disposition was, whether juvenile adjudications are listed and whether identity theft or other types of misinformation has infected the background information.  It may even be affected by the type of background check that is being conducted (such as via Livescan or through companies such as JDP), or even depending on the Agency doing the check (such as DOJ or a private company).

The process can take place as part of the negotiations in an open case for the individual, or it may take place as a separate endeavor in itself.  One way to assist is through the filing of Motions with the Court, such as through a dismissal after successful completion of Probation (PC 1203.4, et seq.) or through Motions of Factual Innocence.  These Motions may be objected to by the prosecution, and therefore may have to be contested and litigated.