Legal Question in Criminal Law in California

District Attorney will not release paperwork

Hello. I was involved in a Rape case a couple years ago. I was wrongly accused. Well to make a long story short the case got dissmissed and I was free. Well recently I went to obtain my hazardous materials endorsement for my commercial drivers license and the Transportation Security Administration will not issue me one because the case caused me to become a security threat and they want official court documentation stating that the case was dissmissed. Well I went to the court system and tried to get some paperwork and they did not have anything on file because the case did not go to trial or anything. I tried the local sheriffs office and they had nothing. So the DA was the last place I could look. Well after numerous attempts to get someone to call and after the secretary told me that they dont like to give out paperwork. I figured that I was never going to get anything from the DA's office. I really need that documentation. I have plans to go to flight academy and become a commercial airline pilot. It has been my dream for six years now. So can I get a lawyer and get a court order to release the documents or something like that? Please let me know what I can do. Thank You.


Asked on 9/13/06, 5:22 pm

5 Answers from Attorneys
Daniel J. Mangan III JuryTrialJustice

Re: District Attorney will not release paperwork

I am unsure that you were ever officially filed on. If you were detained and released per 849b (detention only) the arresting agency has a copy of that form.

If you were officially arrested and booked and no charges filed, you, or an attorney can petition the Court for a finding of factual innocence, PC 858.1. You can also purchase a copy of your rap sheet from the DOJ, info is on the state attorney general's web site. The rap may show if the release was an 849b and/or that the case was a DA reject.

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Answered on 9/14/06, 12:37 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: District Attorney will not release paperwork

Certainly there is a court file of your criminal case, and the clerk of the court will sell you copies of the court file, whether the DA's office likes it or not, at 57c or whatever per page. Get a certified copy of the judgment of acquittal for a couple of bucks more.

If it has been less than two years since you were acquitted, a lawyer can help you go to court and seek a Finding of Factual Innocence that would be of great help in avoiding job-related problems in the future. The lawyer could subpena the police and DA documents (that you cannot get just by asking).

Even if it has been more than two years, you could still sue and/or demand an administrative hearing with regard to the TSA. I would start by filing a Freedom of Information Act/Privacy Act request with TSA demanding all related documents (google on FOIA for sample letters). If TSA refuses to release the documents, or you need further assistance, write your congressmeber; and hire an attorney.

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Answered on 9/13/06, 5:54 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: District Attorney will not release paperwork

Are you sure you were actually charged with anything? Courts keep records of all cases, including those that are dismissed. My sense is that the reason the court has no records is that there was no case, and not just that it didn't go to trial. This would also explain the D.A.'s unwillingness to share materials with you; court filings would be public records and the D.A. would probably have no problem giving them to you, but confidential investigatory materials are another matter.

You don't say anything about contacting your own lawyer, so my guess is that you didn't get one. You also don't say that you lost your own copies of the court documents, which suggests that you never had copies to begin with. If no one was getting any documents there probably weren't any -- and that means there was probably no court case at all. Court cases begin when charges are filed, so you were probably never charged.

Were you ever in court? If you had been charged you would have at least been required to show up once for an arraignment. If this never happened, that's another indication that you were never charged.

Being investigated by the police is not the same thing as being charged with a crime, and it sounds like the investigation was as far as this case got.

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Answered on 9/13/06, 5:55 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: District Attorney will not release paperwork

The previous attorneys responding to your post are guiding you correctly. Attorney assistance in this timely matter would be "priceless" to say the least. For prompt, affordable legal assistance in this unfortunate matter, contact us today for a free phone consultation.

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Answered on 9/13/06, 6:34 pm
Samuel Lovely Law Office of Samuel Lovely

Re: District Attorney will not release paperwork

An attorney will be able to obtain the record of dismissal from the court if a case was filed.

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Answered on 9/13/06, 8:05 pm


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