Legal Question in Criminal Law in California
Freedom of Information Act
How may I get a case file from 1980 that is
still open?
4 Answers from Attorneys
Re: Freedom of Information Act
You can go to the clerk of the court where the case was filed and see if they can pull it . . .also, if this is your case, depending on what the charges are, you may want to seek advise of counsel before acting on your own . . .if you need assistance with this matter feel free to contact me.
Re: Freedom of Information Act
You can go to the Courthouse and obtain a copy of the entire file. You will have to pay for copies from the Courthouse. Once you obtain the file, please contact me for free consultation as to your rights and obligations.
Re: Freedom of Information Act
What you need to do is to go to the court house where the case is being prosecuted. You look for the Criminal division and ask to see the "records clerk." Once there you will most like have to do a microfilm search since the case is so old. The clerk will give you microfilm relevant to 1980 cases and you will find the case name and case number. You should then fill out a form and ask for them to make copies. More than likely the case is not stored on the premises again due to the age. You will have to pay for the copies up front.
It is as simple as that.
Be careful because if the case is yours and the court issued a warrant, the clerk may ask for I.D. and if they determine that there is a warrant on you they may arrest you on the spot. I would need to more about your case, but you might want to send someone else over to make the copy request for you.
Contact me if you have any additional questions.
Good luck.
Re: Freedom of Information Act
As far as I know the Freedom of Information act pertains to only the Federal Government. Your and/or other records being held by various Federal Agencies may be obtained through this act. I've read the other two replies and will only suppliment them. If you meant that the case is still under investigation. Then the record is not at the court house. In that case you might ask the investigating police agency for a copy. If it is still under investigation you might not be able to get a copy. If it was written off i.e., no longer under investigation, you might be able to obtain a copy.
The information in the other two answers, on obtaining copies of records at the court house, is valid.
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