Legal Question in Criminal Law in California
disposition
I was arrested in 1993 for a 459, the charges were dropped.
I am trying to buy a firearm in the state of nevada where I live now and this case has come up and is causing problems because the records were not updated and shows I was arrested but nothing else.
I need to get a dispostion showing that the charges were dropped and no other recourse was enacted on me regarding this issue.
I have contacted the superior court of orange county and they told me that since I never went to court on the matter they have no information re: this case.
I talked to the DA's and they said that the case was dropped and they never reviewed the case in the first place, so they have no information re: this case
I was also going to do an 851.8 but thge deadline for that is 2 years after occurance of issue and it has been 16 years...
I need a disposition showing that nothing came of this case and do not know where to go to get this information. I am out of places to call and have gotten nowhere...Please help guide me where I could get this dispostion and get off the NCIC/NCIS data base and stop these problems..
Thanks in advaance.
Jeff
2 Answers from Attorneys
Re: disposition
You won't. If the court and DA have no record, there is nobody to issue what you want. Catch 22. Your only possible recourse is to try to obtain from the court and DA a declaration they have no record of conviction, same for the PD. You can then TRY to persuade DOJ to correct their records. Feel free to contact me if serious about getting legal help doing this. One of my specialties is this kind of firearms rights issues.
Re: disposition
You need to petition to have it removed from your "rap" sheet. Contact me diretly.
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