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  1. #1

    Default No Records or Final Disposition After 32 Years

    My question involves criminal records for the state of: Wisconsin. I was charged with escape for returning late to jail on a work release program (huber) At that time standard operating procedure for returning late to huber was to throw said inmate into solitary confinement for a few days, which is what happened to me. Unfortunately one deputy hated me and decided to charge me with escape also, which was unheard of at that time. I was an hour late getting back to jail, stopped at my moms house to eat Christmas dinner as she lived 4 blocks from my travel route. The cops somehow knew I was at my moms house, came to take me back to jail but my mom talked them into letting me stay to eat, so they left empty handed. I returned to jail on my own after eating. I was a teenager at the time. Now 32 years later, it shows on my criminal history an escape charge. Here's the kicker. I never received a court date, never went to court, never saw a judge, nobody ever contacted me. I was still incarcerated 3 months after the charge, so they knew how to contact me. There are no dispositions on my record for the escape charge, nothing but the charge itself. Here's where it gets good. I contacted Dept of Justice for removal of record, they denied me due to no disposition on criminal history. I went to the clerk of courts, no record of any kind on file. I went to the county DA office. No records on file, they have zero information on this charge. Nobody knows what happened 32 years ago but me. My question is with no information on file, doesn't the DA have to send in a final disposition stating I was never prosecuted?

  2. #2

    Default Re: No Records or Final Disposition After 32 Years

    I am in the same situation with a 27 year old charge that's in the police, FBI and DPS files but somehow the county has no record of it. I will call the dps today. They are not replying to my email. messages. I will keep you posted through here and please you do the same if you get any information. The county clerk here acts like it's entirely my problem. This is my second expunction. I didn't want to include this one with the other because of the complexity involved.

    I just contacted the dps. They told me I can use the agency case number that is on the fingerprint background check list on the expunction petition and order. Are you going through the expunction process?

  3. #3

    Default Re: No Records or Final Disposition After 32 Years

    No, I'm not trying to expunge my record of the escape charge because it won't happen. What state do you live in? In Wisconsin you can only hope to expunge a misdemeanor, never a felony. Escape is a felony. In Wisconsin you can only have a charge removed if you were never prosecuted for it or if the charges were dropped by the arresting agency. That's it. Even if you were never prosecuted or the charges were dropped the charges will always be on your criminal history until you notify the Dept. of Justice and request a fingerprint record removal. I've had two charges removed that I was never prosecuted for, no problems. It's a formality, no questions asked. Your probably working with a misdemeanor charge.

    I knew the escape would be different because there is no final disposition on record with the D.O.J. That's an automatic loose end. I thought THEY would search for the record at the county clerks office and/or the DA's office but no they basically told me they need ME to send them the paper work stating I was never prosecuted or that the charges were dropped. This was suppose to have happened by THEM 32 years ago by sending in the final disposition to the D.O.J. and now they want ME to find it 32 years later. They told me to contact the county DA and have him write a letter stating I was never prosecuted or the sheriffs office stating they dropped charges, one or the other will work. Even though it's been 32 years I'm not sure either one will be willing to do that. The thing is, I was told by one of the deputies that I "wasn't going to get away with what I did" but really that was the last I ever heard of it. Not a peep Ever. Zilch. I still had three months left in jail for my original offense so they knew my whereabouts if they had wanted to move forward with the prosecution, but as I stated earlier, I was never given a court date, I never went to court, I was never contacted by the DA or by the sheriffs or by my probation officer about it, my lawyer never said a word, I never saw a judge. Not to mention all of the officials have now either retired or died. I live in the same small town and 32 years ago it had a Andy Griffith/Mayberry feel to it. Times change. I really don't believe anyone seriously was going to charge me with escape because of what I did, not in those days. Nobody was on board but the one deputy. Like I said, the cops were at my mothers house and after talking with my mom for a few minutes they left and let me finish eating. And now that I think about it I didn't actually get back to jail late, I left work early. In fact I was probably back in jail before my work day was even finished. Did I really even escape? Anyway, my question remains, with only a charge, no subsequent dispositions, no final disposition, no records of ANY kind anywhere, no court blah blah isn't it mandatory the DA send in the final disposition stating I was never prosecuted?

  4. #4
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    Default Re: No Records or Final Disposition After 32 Years

    If the issue is that your record shows you were charged, but that there is no disposition associated with the charge, check the court file to see if there's a disposition reflected in the file and, if so, ask the court clerk to abstract the information to the state to complete your record. If not, consider bringing a motion to dismiss with the court.

  5. #5

    Default Re: No Records or Final Disposition After 32 Years

    Mr. Knowitall: I have checked the files at the clerk of courts and the DA's office, they have nothing. Yes, court is an option, but was hoping to avoid lawyers and all that expense that goes with them, not that I won't hire one, but only as a worse case scenario. I guess I'm old school thinking I could just talk to the DA myself and persuade him to not prosecute or to drop charges.

    OK, here's another question or two if you will: After 32 years and with all the "botched" paper work do you think the DA will be interested in prosecuting me if I bring this charge to their attention? Will the court even let them after 32 years? What about rights to a speedy trial and whatever else a defense lawyer could dig up? Statute of limitations? Missing paper work not filed by the Clerk/DA/arresting agency and now there is no discovery? No history or evidence of any kind other than what the D.O.J. has. Actually this is a copy of my charge and the only thing recorded anywhere that has to do with this charge:

    ARREST CHARGES:
    01 946.42 (2) (D) ESCAPE
    NCIC 4901 Counts:1 Unspecified February 1, 1980
    *** END OF RECORD ***


    Can the DA prosecute me with this and only this information? This is all the information for this charge on my criminal history record.

  6. #6

    Default Re: No Records or Final Disposition After 32 Years

    I am in Texas. Most if not all states offer expunctions on felony non-convictions. Diverted sentences where charges are dropped once probation is complete counts as a conviction. You are suggesting a remedy that I have never heard of. I thought expunction or pardon was the only path to get something like that removed..

  7. #7

    Default Re: No Records or Final Disposition After 32 Years

    You stated that "most if not all states offer expungements on felony non-convictions". Not sure myself....but I'm not talking about expungements or pardons. Expungements seal or "hide" your record from the public, but can be viewed with a court order and a pardon (which is very hard to get) just states you have been pardoned, but your record is still visible to the public...and I'm not talking about non- convictions or judgment withheld or youthful offender or 1st time offender programs or anything where you plead to the court. I'm taking about trying to have the charge removed from my record completely...as in it never happened. When this happens, and I've did it twice already, The Dept. Of Justice sends you back the set of fingerprints and the final disposition they have on file and the FBI destroys the set of fingerprints they have...or so they say. Now your record has NOTHING on it. Anyway, you can do this ONLY if you have not been prosecuted for the charge or you received an acquittal..this is what the D.O.J. told me. So I have the charge of escape but no prosecution....what I don't have is the final disposition stating there was no prosecution. No one does. The D.O.J. would have it on file if everybody had done their job. The D.O.J. told me a letter from the DA stating I was never prosecuted would work or if the arresting agency (sheriff) dropped charges that would work also. I guess if I'm refused I lawyer up and do what Mr. Knowitall suggested, motion to dismiss with the court.

    Still questioning: With no information on file, doesn't the DA have to send in a final disposition stating I was never prosecuted?
    Could I be prosecuted after 32 years?

  8. #8

    Default Re: No Records or Final Disposition After 32 Years

    I am thinking the remedy you are suggesting doesn't apply in Texas.

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