A question for LEO's

[Emperor]

I understand what you're getting at in the thread... How is he supposed to overcome his past and move forward being a better person, yet continues to get profiled as a BG because his record comes up when his DL is ran?

I don't know how he can escape the identity he earned with that offense, I thought when things are expunged they no longer appear after they complete the program?

Expungement!

 

[Crimson]

Best of luck to you and your friend. Hopefully he has changed for the better.

And get your plates on that car before you go driving it again.

This was two months ago I just started questioning it the other day and had to ask. I actually sold the car. Bought it for a gas saver but got pulled over in it again for modified exhaust, but it just had a hole in the muffler sounded like it even though it was stock. I'll just stick to my silverado I never get bothered in it.


Amd no its not the mustamg have for sale right now. Someone needs to buy it though!!

 

[Bayoupiper]

To answer your question about the diversion.

The charges he was arrested on are going to show, period.

The diversion is probably not going to show at all.
Sentences don't show especially misdemeanors.

If you could try to step back and look at the overall situation, you might see where the others are coming from.



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[Crimson]

Doc Ace hit it pretty much head on the stop and the search it's understandable but how long is it going to take for him to be able to move forward with his life. After you have a record its always going to follow you but once a person has changed like in his case a good kid just a bad home life and wrong choice in friend's. Now that hes away from that lifestyle how long does it take before he can move on with his life. For something as minor as possesion of parafanalia its still a big deal what do people do with drug charges? How can he get it off his record permanately. Does he have options? Im just curious how someone can move on without a dark cloud over their head forever.

 

[Emperor]

To answer your question about the diversion.

The charges he was arrested on are going to show, period.
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How is a street cop going to see any misdemeanor arrests after an expungement?

 

[Bayoupiper]

How is a street cop going to see any misdemeanor arrests after an expungement?

Because many times after expungement the original charges are still there.


Hey I'm going on experience here.
I had a guy stopped that had a copy of a five year old expungement and the charges still came up when you ran him.





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[Emperor]

Because many times after expungement the original charges are still there.


Hey I'm going on experience here.
I had a guy stopped that had a copy of a five year old expungement and the charges still came up when you ran him.

.

The only reason I questioned this was my own experience. I had a crap load of youthful indiscretions removed many moons ago. Years later went to get my CHP and had a very personal chat with the lady in F-printing. Told her my story, and asked just what they can see after expungement. She said ALL the arrest info remains on the FBI's system, but all she could see on hers (state level), was one out of many that I couldn't wash.

She helped me further with this proof, but I think you get the gist.

I would love to know the official explanation on all this though.

I think this OP's new friend should go that route too.

 

[Crimson]

The only reason I questioned this was my own experience. I had a crap load of youthful indiscretions removed many moons ago. Years later went to get my CHP and had a very personal chat with the lady in F-printing. Told her my story, and asked just what they can see after expungement. She said ALL the arrest info remains on the FBI's system, but all she could see on hers (state level), was one out of many that I couldn't wash.

She helped me further with this proof, but I think you get the gist.

I would love to know the official explanation on all this though.

I think this OP's new friend should go that route too.

Ive mentioned expungment to him because he wants to be able to buy guns and get a chp in the future, I have not really advised him on that because I have no idea if he'll be able to. The da told him after the diversion that it wouldnt be on his record but he didnt realize that it didnt include his judicial record just what employers can see.

 

[Bayoupiper]

The only reason I questioned this was my own experience. I had a crap load of youthful indiscretions removed many moons ago. Years later went to get my CHP and had a very personal chat with the lady in F-printing. Told her my story, and asked just what they can see after expungement. She said ALL the arrest info remains on the FBI's system, but all she could see on hers (state level), was one out of many that I couldn't wash.

She helped me further with this proof, but I think you get the gist.

I would love to know the official explanation on all this though.

I think this OP's new friend should go that route too.

Absolutely.

Who knows why some get missed and others don't.

Human error I guess.



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[Emperor]

Ive mentioned expungment to him because he wants to be able to buy guns and get a chp in the future, I have not really advised him on that because I have no idea if he'll be able to. The da told him after the diversion that it wouldnt be on his record but he didnt realize that it didnt include his judicial record just what employers can see.

That's what the expungement process did for me. It erased the account of the arrests to anyone but the Feds. It was not a duck walk! I had multiple Parishes involved and had to write letter to the DA's in the respective Parishes, had to go to the courts (ALL of them), and get them to pull the records, etc.; then file the Motion of Expungement, etc.

It is a pain in the ass, but I needed to do it for professional and personal reasons.

If I were your guy, it would be a no brainer to try; and I would not take the first "no or can't" as the only way as the answer either.

 

[JBP55]

How is a street cop going to see any misdemeanor arrests after an expungement?

Because the records are still available for LEO.

 

[Emperor]

Because the records are still available for LEO.

I don't think at street level (it wasn't at CHP Division (staff), level either). That was the OP's issue.

I'll be willing to put it to the test. Of course I don't know if you can do this outside of official business. But if any of you LEO come to my office with credentials, we can pull mine up together on your computer and see what it spits out.

I'll show you the actual arrests records for my end of the experiment.

 

[MOTOR51]

I don't think at street level (it wasn't at CHP Division (staff), level either). That was the OP's issue.

I'll be willing to put it to the test. Of course I don't know if you can do this outside of official business. But if any of you LEO come to my office with credentials, we can pull mine up together on your computer and see what it spits out.

I'll show you the actual arrests records for my end of the experiment.

I can pull it up via a radio call


MOTOR51

 

[Leadfoot]

Your criminal history is your criminal history. It follows you forever.

If you were ARRESTED in 1975 for a bar fight, its on your criminal history.

Your criminal history and your driving record are two totally different animals. Citations and accidents are removed from your driving record after a certain amount of time.

Your ARREST record/criminal history DO NOT. If it goes on there, it STAYS on there.

 

[Emperor]

Your criminal history is your criminal history. It follows you forever.

If you were ARRESTED in 1975 for a bar fight, its on your criminal history.

Your criminal history and your driving record are two totally different animals. Citations and accidents are removed from your driving record after a certain amount of time.

Your ARREST record/criminal history DO NOT. If it goes on there, it STAYS on there.

That wasn't the issue. The OP is wondering how he can have his "doper" friend <comedy; not be tagged for one old arrest. So my question is; can you street guys see my arrest record for BS misdemeanors that were expunged, by pulling up a prior on a traffic stop?

I have a print out of my arrest record from LSP HQ and there is only 1 of several there!?!

 

[Emperor]

I can pull it up via a radio call


MOTOR51

You can without any problems? I thought any inquiry of that nature had to be "official?"

I was thinking Murphy Painter and his BS look ups on chicks, etc. being a big no-no!?!

 

[Leadfoot]

It's all for official use only. If you pull someone's criminal history, there better be an official reason for doing so or you'll probably find yourself looking for a new job.

"BS Misdemeanors" won't show. I said ARRESTS. If you are issued a summons for open container, it won't be there.

If you are brought to the station, fingerprinted & photographed on a charge, it will be on your criminal history.

Likewise, most traffic offenses are never seen on a persons criminal history, but there are some that I have seen.

Many times in decades prior, this information was put on someones criminal history, but I guess at some point it was decided that it was not necessary and it isn't done anymore.

DWI's, Hit & Run Driving, these types of traffic offenses will certainly be shown.

If you're stopped with a small amount of marijuana and issued a summons, it won't be there. If you're arrested for possession of marijuana, it will be there.

 

[Emperor]

It's all for official use only. If you pull someone's criminal history, there better be an official reason for doing so or you'll probably find yourself looking for a new job.

"BS Misdemeanors" won't show. I said ARRESTS. If you are issued a summons for open container, it won't be there.

If you are brought to the station, fingerprinted & photographed on a charge, it will be on your criminal history.

Okay, then yes or no, please.

If you stopped me for a traffic citation, and you wanted to check for priors; you can see or get my arrest record during that stop, for all of the arrests even though they were thoroughly expunged?

 

[Leadfoot]

Many times, a disposition of the charge is NOT shown. It will only show that you were arrested for the charge.

Sometimes the disposition on the charge is given. ie; Plead guilty, received probation, etc. but not EVERY time.

If you've been convicted of a serious FELONY and sent to prison, that information WILL be displayed.

Many people believe their record has been "expunged" but the original arrest may still show.

 

[Dishonored]

I had a charge that was released from, dismissed was my cases disposition.
I was found to be not guilty and it was "dismissed".
I still had to show proof of the dismissal to get my CHP. I had to check I had been arrested.
It is extremely embarrassing but those who don't understand I cannot change the system is the people I don't need around.

I have never been guilty of anything beyond minor traffic violations (speeding). Yet I have something that was potentially a felony on my "arrest record" that was dismissed and still shows up on the state level. I pulled my background check from the ascension parish courthouse and it isn't there though.