851.8 was granted on 8/2013. Arrest was from 10/2009. Will the records be destroyed 3 years from now or immediately (being that arrest was made in 2009)? How long should I wait to request a live scan/ rap sheet?
Criminal Defense Attorney
I would wait at least a few more weeks and then request the Live Scan rap sheet.
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Criminal Defense Attorney
Generally the court that has granted your motion will forward the information to the appropriate agencies such as DOJ. In practice the process should be done as soon as the clerk prepares the documents to be forwarded, However, in reality it takes about 30 days. Perhaps you can check with the clerk and see if it was processed.
Administrative Law Lawyer
I will be very surprised if any part of the FBI record (NCIC) is deleted/destroyed pursuant to an 851.8 order. Most recently the federal agency's position has been that matter reported in its data base will not be removed or destroyed pursuant to state court orders because the states lack jurisdiction to compel such action by the feds.The practice (and justifications) have been somewhat inconsistent over the past 3 - 5 years, and it is difficult to elicit an official formal (written) statement of policy from any responsible director or official.
It is not clear from your post that you understand that a "Live Scan" is a report of your CA Dept of Justice criminal history -- not your FBI record. The FBI web-site has info about obtaining a copy of your (separate) NCIC federal record.
Along with some other attorneys, I am tracking the issue of CA post-conviction remedies not implemented by NCIC record practices, in the hopes of prompting some Congressional action and potential reform. Please feel free to email me off-line (anytime -- even long into the future) with your post 851.8 results as applicable to your NCIC record. You need not provide any identifying info to contribute this data to this information-gathering effort.
No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.