If i have prior misdemeanors in a state i use to live in, can current state pull it up?
I have misdemeanors in a different state then i live now, I just got a felony in my new state, this will be my first offense here. Can the judge/prosecutor access my information from my old state? Or will this felony still be my first offense here?
All finger-print based criminal history info is shared among the states and the federal government.
My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more
My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an 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 individual consultation and execution of a written agreement for legal services.
In addition to what Ms. McCall said, it is routine for a prosecutor to run a nationwide criminal history check on people being charged with crimes.
The real question is: can these be used against you in a trial in California? Misdemeanor conduct can be used to demonstrate certain things under the rules of evidence. However, proving that will be a monster for the DA because he'll have to bring in the charging officer, etc etc. Moreover, your attorney will definitely require the DA to establish the elements of the misdemeanor in the other state to see if it matches a roughly comparable crime in California.
The most important thing for you to do right now is tell your attorney all about these misdemeanors in the other state, and don't fudge on the details. Your attorney will be able to tell you the effect of these misdemeanors (if any) on your prosecution for a felony in California.
Yes, the judge/prosecutor will be able to access the information regarding the priors. Therefore, you want to share all that information with your attorney so that the effect of these misdemeanors on you current prosecution can be assessed.