How can I verify that my FBI record has been updated from a sealed arrest?
Canoga Park, CA |
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?
I would wait at least a few more weeks and then request the Live Scan rap sheet.
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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.
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.
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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.
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