I was arrested in CA 21 years ago for making threats ( falsely arrested , there was a grudge to get back at me ) . No charges were ever filed and I never went to court . Now my arrest is being flagged by a NANCI background check by the FBI since there is no disposition listed . I contacted the arresting agency and the local DA and neither was helpful . The DA said to contact the CA DOGE which sort of confused me . All I want is a disposition , what can I do ?
Administrative Law Lawyer
It's a 3-step analysis:
1. Your "arrest" is a "detention only" by operation of law. See Penal Code Sec 849.5.
2. Take a look next at Pen Code sec 851.6 which provides for you to obtain from the arresting agency a certificate attesting that you were "detained only."
851.6. (a) In any case in which a person is arrested and released
pursuant to paragraph (1) or (3) of subdivision (b) of Section 849,
the person shall be issued a certificate, signed by the releasing
officer or his superior officer, describing the action as a
(b) In any case in which a person is arrested and released and no
accusatory pleading is filed charging him with an offense, the person
shall be issued a certificate by the law enforcement agency which
arrested him describing the action as a detention.
(c) The Attorney General shall prescribe the form and content of
(d) Any reference to the action as an arrest shall be deleted from
the arrest records of the arresting agency and of the Bureau of
Criminal Identification and Investigation of the Department of
Justice. Thereafter, any such record of the action shall refer to it
as a detention.
Step 3, then, is to follow the instructions that come with your California Live Scan report, and with the FBI's NCIC report, to correct those entries by furnishing copies of the 851.6 certificates.
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3 lawyers agree
Criminal Defense Attorney
Ms. McCall's answer is right on. I'm not sure why you're getting a NACI background check, but I can tell you that once the information is supplemented it could take up to a month for your application to be considered again. Thus, I suggest that you take the steps listed in Ms. McCall's answer right away. If you do get to the stage where you will be polygraphed, you will be asked about the incident and given a chance to explain how it all went down.
1 lawyer agrees