No one knows for sure, but the shadow does. I would not rely on this.
My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none.
That information isn't something they share. They operate in the shadows.
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My experience is that NCIC will accept and retain almost any data reported by CA Dept of Justice. Their categories for reporting are much broader than those of the State Dept of Justice. Moreover, once any data is reported to NCIC, the feds do not honor state court orders or statutes for removal, destructions, etc. The feds are adamant that "once in, data does not come out." I have even been involved in part of a case where a federal court issued an order for removal of NCIC data and the fed agency did not comply -- an indication to me that this is a very difficult issue, practically as well as legally.
Data submittal policies by CA D of J has been inconsistent over the past years and it is very difficult to get a straight statement of policy from the CA AG.
I have NCIC records on my desk this very moment that disclose juvenile adjudications for minor crimes. I also have clients who freely admit to juvenile criminal history, but their admitted events are not reported on the NCIC records that are obtainable by the subject.
My view is that this is an issue where attorneys can advise clients of the potential for NCIC record retention and reporting, but cannot reliably predict what will in fact occur in any given matter. Congressional action could, of course, clean this issue up, but there is not currently anything on the agenda in this subject area.
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