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  1. #1
    Join Date
    Jan 2017

    Default Delay in the Correction of a Criminal Record

    My question involves criminal records for the state of: CA

    I made a post recently asking about how long it usually takes for DOJ to make a record update and correction once they've received court documents verifying a reduction under 17(b). I did get ahold of my attorney as I was advised and he told me that very rarely are you looking at anything past 30 days and thats in pretty extreme cases. Well, I'm into 6 months now and all I keep hearing from his office is how there could be a "complication" with the order or the case itself - Could someone out there elaborate on exactly what that's supposed to mean in plain english because the court order pretty much says what it says. I'm beginning to feel that the word "complicated" as it's being used here is just some kind of "buzzword" for there's something more to all this but I'm not telling you - like there's some sort of secrecy that surrounds it. Anytime I ask for clarification it just seems it gets ignored, so obviously yes, this does bother me on why all the vagueness. Can anybody help explain it that will make sense > Thanks in advance for your help.

  2. #2
    Join Date
    Sep 2005

    Default Re: Record Correction Update

    In short, if the issue is at a local court, you may have to take a day or so to address the problem with the court that holds some record that does not reflect what the court order says.

    Without knowing what your criminal history notes, or what other complication might exist, it's really impossible to say for certain what you can do. Based upon your original post, it seems you had a PC 17(b) motion 40 years ago. THAT could be problematic, but any records of that action may no longer exist. If they do exist, and this is what is causing the problem, they are probably archived and you may have to go to the local court to see about digging them up from whatever dungeon those records ended up in.
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ...

  3. #3
    Join Date
    Jan 2017

    Default Re: Record Correction Update

    I'm sorry, I should have supplied a bit more detail. The offense ( from back in the 70's) was for receiving stolen property 496 pc and was by function of law, reduced to a misdemeanor after release from and completing parole from cya. I've never had a problem legally buying firearms over all these years until I was denied on a purchase a couple years ago. Like you mentioned, I did have to go back into the archives of the court and found out the records to prove my claim were non-existent anymore but when I got a copy of my rap sheet from DOJ, it showed the offense as a felony now somehow?. My untrained eyes caught this in under 30 seconds so how this "supposedly" escaped all the different eyes who did background checks over the years is beyond me and quite frankly, I don't believe it did - but because of this, I had to get an attorney to reduce the offense all over again under a 17(b) and that was done earlier this year. The court itself faxed all the court documents to DOJ and I too have sent copies of the same on 2 different occasions along with a set of fingerprints to get what I hoped was a corrected copy of my report and like I said here I am 6 months later and no correction has been made. This seems like such a straightforward fix due to the recent order, this is why I don't see why there's anything complicated about it. The (re) reduction was recently completed and all court papers are accurate ,dated signed, etc and in the hands of DOJ. This is where the roadblock is and I'm at wits end wondering what can be done to get them to make this correction and why they're not doing so ?

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