black ball with info

[Adviceisneeded]

What is the name of your state (only U.S. law)? CO

What is the name of your state (only U.S. law)? The name of the state is CO
.

To whom it may concern, here he question.

There is a particular Law enforcement agency that holds some information about a particular person, by way of an "incident Report". However, the person did not know this for many years, as he/she was applying for jobs and wondering why they could not get a job. Basically this particular Law Enforcement blacked balled the person with out them know it, nor knowing about any laws to check and see if there were any "incidents Reports" that he/she should know about, nor allowing this person their right to "Due Process". However, this particular Law enforcement still sent an "incident Report" as if he/she have been tried and found guilty by a court of law, however, he/she has not been tried nor found guilty of anything, their record is clean.

I hope you are still with me, there is much more.

This particular Law Enforcement agency has recently received an Request Letter asking for all "incident Reports" related to he/she, however, they respond back saying "they have no such record in their possession".

It is he/she belief that this particular Law enforcement agency does not want to be sued, therefore, they are now playing musical chairs with this information.

When they responded, one key statement jumped out to he/she, "No such record in their possession". They did not say "there is no such record", however they said "no such record is in their possession

This is particular Law Enforcement agency only handles misdemeanors sending all other cases to the district court. This is what he/she believes has happened, especially enlighten of their responds " no such record in their possession

He/She is in the process of writing a Request Letter to the District court(im sure the other Law Enforcement agency has given a heads up to the district court).

If the district court comes back saying they have no record, what is my next course of action, as he/she would think they are trying to protect their own.

He/she is aware of the open act request, however, these guys could have sealed these records so that an open act request wont produce any information. Is there a seal records request? Is there a way for he/she to check and see if there are any sealed records(incidents reports) that the court may have on he/she.


Thank you.


Any information would be helpful...

 

[cyjeff]

Were the police called on you? Did they show up? Then an incident report was created.

Simple as that.

 

[CdwJava]

What exactly IS this "incident report?" Is it a crime report? Did someone accuse you of a crime? Is it merely part of a larger report that contained your name and some allegations? Certainly, you must have some idea why the police had your name in their system somewhere. Perhaps you can give us some idea what this incident was as that might clear up some of the fuzziness.

Also, a police report may not be a public record subject to public disclosure. If it is, and if it has been released to potential employers, then it should be accessible to you as well.

Do you know for a FACT that such a report exists? And, do you know for a FACT that employers failed to hire you as a result of this report? If you are making assumptions, then you might want to do a little more checking.

Since the agency seems to indicate that they have no such record, how do you KNOW that any record has been sent out to others?

Note that records can be purged over time so it could be that the record is no longer out and about. Also, if these prospective employers obtained a copy of this report through some public records search firm it could be that they got it from a now purged or filed away court document. If this was part of a court record, then those ARE public record and could be accessible by subscribers for as long as 7 years in most instances.

Oh, and police agencies do not send their records off for others to hold.

I can't imagine that they would care enough to play fast and loose with some "incident report," so I suspect that if they have it they would say they have it and either deny your request pursuant to some legalese, or, provide you with a copy.

Now, you can always hire an attorney and try to seek a record that may not exist, but that is up to you. Bottom line is if the record no longer exists - or NEVER existed - they do not have to create one in order to provide it to you. Assuming, of course, that this "incident report" is subject to public disclosure in the first place.

- Carl

 

[dave33]

Consult with an attorney, see if there was some way to file suit against the agencies that did not hire you. You can allege any number of things, as long as they were compelled to turn over their records to you. I am not familiar with these things and your thread was vague, but it came to mind. goodluck.

 

[Adviceisneeded]

Were the police called on you? Did they show up? Then an incident report was created.

Simple as that.

Cyjeff, thanks for the response, no the police were not called on me, yes they did show up. Yes, I believe an incident report was created at well, however, there are saying other wise. If this is something that is old, and has been sealed or purged, how would a person find this out?

Also, this is about ones life, not looking stupid or spelling right... People value their lives, and dont want to be blacked ball by the same system that is suppose to protect them.

 

[xylene]

your post is worded very obtusely.

care to spell out in plain terms what happened and what you are alleging.

Without all the obfuscation...

Is it something like like - "My neighbors called the cops on me for beating my toddler. I didn't but now the police report shows up on background checks and I can't get a job after applying several places... and they told me it was problem..

Now tell the story like that with the details. Not "some partiuclar person she or he: schtick... it makes you sound crazy and is not giving you extra privacy.

 

[CdwJava]

Most agencies do not require an "incident report" on a call that does not rise to the level of a crime or other incident that must be referred to outside agencies. Smaller agencies are more likely to require short reports on otherwise nothing calls than larger agencies. If the police came, there was no crime or report to be had, chances are the only mention of the contact would be a reference in a Dispatch notation. Some of these entries can be good for months, maybe a few years, but they are not generally referred to as an "incident report."

Perhaps you should ask that the agency check any and all master name files to see if your name appears anywhere. Of course, if there IS an active or open investigation, they probably would not tell you.

- Carl

 

[Adalaide78]

Cyjeff, thanks for the response, no the police were not called on me, yes they did show up. Yes, I believe an incident report was created at well, however, there are saying other wise. If this is something that is old, and has been sealed or purged, how would a person find this out?

Also, this is about ones life, not looking stupid or spelling right... People value their lives, and dont want to be blacked ball by the same system that is suppose to protect them.

In all fairness to the companies at which you applied for a job and to the local police, if you aren't concerned about looking stupid or spelling right maybe there are other reasons you aren't being hired. As someone else asked, how do you know for an absolute fact that you have not been hired because of an incident report your prospective employer was made aware of? How do you know for an absolute fact that this report exists?