Do I have a right to view my police record? Also can it be expunged?

[Cousin Eddie]

I was arrested for domestic violence a few years ago (it seems if you push someone away for coming at you.... you can be arrested for domestic viloence). Like I said... I was arrested,cuffed & held for 24 hours.... then sent off to a phychiatric facility (in shackles) for 5 days of evaluation. After the 5 days I was released & nothing became of it. No charges filed. Nothing.
I am normally a pretty law abiding citizen & have never been arrested before.
Anyway... I went to the Cass County ,Missouri sherriff's dept to see if i could get a copy of my police record/arrest report & was told they could only give me a single sheet of paper that shows how many days I have spent in jail (which was one day) & that was it. Is this true? Do I have a right to view my own arrest report and/or my police record?
I just wanted to find out if I actually HAD a police record & to get a copy of it and my arrest report.... because I wanted to know what would be reported if someone ran a background check on me If i wanted to get a new job or rent an apartment.

So do I have a right to veiw my own police record and arrest report? And if so.... How do I go about doing it?

P.s. Since I was never charged with anything, but WAS arrested (and sent in for 5 days of psychiatric evaluation).... is it possible to get my arrest record expunged?

PPS... I also wanted to express my frustration in dealing with the sheriff's dept..... It was like trying to pull teeth just to get ANY info or any cooperation from them at all. I was told to come back on a different day several times and had to wait for over an hour in a waiting room before they got back to me (I was told that i was forgotten about). At first I thought my treatment was just typical county government beaurocracy, but on second thought ...I wonder if it all was just tactics to just make me give up & leave (I could have left at any time had I got tired of waiting).

Note: I hope I posted this in the correct forum.... if not... then please tranfer it to the appropriate one.

 

[CdwJava]

Normally, a commitment for a mental health evaluation is NOT an "arrest" but a detention.

However, MO law may be different than most other states.

- Carl

 

[Heather2]

If it was an arrest you can probably have it expunged.
http://www.uslegalforms.com/lawdigest/expungement-of-criminal-records-law.htm

Carl,
He said he was held for 24 hours in jail. Isn't that an arrest.

 

[seniorjudge]

If it was an arrest you can probably have it expunged.
http://www.uslegalforms.com/lawdigest/expungement-of-criminal-records-law.htm

Carl,
He said he was held for 24 hours in jail. Isn't that an arrest.

There have been lots of discussions on this forum, in courts, etc. on just exactly what an arrest is.

My opinion is that an arrest (which word, by the way, literally means STOP) is when a person is not free to leave. That happened to writer.

So if Cass County cannot find your records easily, no one else will be able to either.

Run a background check on yourself to see what you come up with.

 

[CdwJava]

Being held in a jail on a criminal charge should be an arrest. However, I understand that some states allow for 24 detentions without charges ... and if the state in question permits mental health detentions in the county jails, then that may not be an arrest.

In my state a mental health detainee can be held for up to 72 hours for a mental health evaluation, and is to be brought to the designated location ... this is often a hospital, but it could likely be a jail facility as well.

- Carl

 

[rlrl]

In NY state...

an event such as the one you describe would be sealed since no conviction happened. Not sure about your state though.

So if fingerprinted for a job with a NY state govt agency there would be no criminal record reported. And anyone doing a background on the county court level would get a no record found because there was no conviction.

NY DCJS would permit the subject of the record to view their own record by submitting a roll of fingerprints to DCJS. Since you are the subject of the report, the report would show YOU the arrest and the dismissal charges. If you were trying to license a pistol or work as a peace officer, the police would see the sealed arrest as well. But an employer would not be able to see the arrest since it would be sealed.

 

[cjbrown929]

I would add to all this a bit of advice about public records.

It is critical that you either hire an attorney, or become very familiar with your states version of the federal public records act.

My experiences with requesting nonexempt public records were quite..."illuminating". I had receptionists for several government agencies act as if I'd asked for super-classified information. In other words, the answer was NO.

Then I read the PRA. The whole thing. I called these people again and this time, after hearing their well-rehearsed "no", I'd say something like "Oh, great! I've finally found someone who knows what they're talking about! Look, can you go ahead and give me the statute # that handles that exemption?" (which, by law, they HAVE to provide) Be prepared for a stony silence followed by a transfer to a supervisor.

The bottom line is that, if you know your rights, you should be able to get what you need.

 

[CdwJava]

Public records laws vary a great deal by state. Not all procedures, laws and polices are applicable everywhere. And citing a federal statute is going to get you nowhere with a local or state government agency.

- Carl

 

[hermit1]

Of course

Of course you can see your own record...

In fact, usually, if you get your prints rolled, you'll almost always see more than the cops in cars. Make some calls, find out where to go in your county, I guarantee the people rolling wont even stare sideways at you... honestly, it's a good idea to check anyways, regardless if you are concerned or not.

Expungment and pardons are way different. Pardons are easy, but there are time requirements before you can request. Expungements sound more difficult, sounds like lawyer territory honestly. If you are still in the trial phase, I would say get a lawyer and beat it down as best you can.... especially if you are on the defense, at least you get a free one.

More free advice... ANY little piece of paperwork you get from ANYONE concerning your mental case, or any legal matter... SAVE IT, COPY IT IMMEDIATELY, MAKE 4 COPIES. GET EVERY COPY YOU CAN of everything pertaining to your case, no matter how trivial... the govt works so slow it would make you sick, at least from what i see as a citizen. I'm telling you, make copies, it will save you time later on, if it comes to that.

The mental case, i have no idea. I wouldn't stress too much about it. Just save every piece of paperwork you get, you can always toss it if you don't like it, chances are they'll forget it anyways. Just don't go telling them you want to kill yourself or something, or that could suck.

Be honest... maybe there is some kind of problem. Answer the questions. Who knows, maybe you need some kind of help... give them the benefit of the doubt.

As long as you didnt' cap anyone, or brandish a firearm in the comission of a crime you can generally get a pardon for an offense, given due process and time, I imagine some trumped up mental thing with 5 days served wouldn't even show up....

Regardless, it sounds kind of trivial to me, just make sure you do what they say and get whatever help you can possibly get for free lol... don't stress over it, if they make you check with a PO or shrink, it's not abnormal or anything. Work with your PO or shrink to do what you can to feel better... when you get it figured out you can work with the sheriff if you even need to, the mental thing isn't really bad considering if you comply with treatment and do what they ask.

It's not a big deal lol. Get a lawyer if you want to knock it down as far as possible.

Just make sure you deal with the issue at hand i.e yourself, not the sheriff.

 

[cjbrown929]

Public records laws vary a great deal by state. Not all procedures, laws and polices are applicable everywhere. And citing a federal statute is going to get you nowhere with a local or state government agency.

- Carl

The PRA, and its manifestation in California law (Gov 6250 et seq, I believe) is actually an enormously effective tool if used properly. While procedures may vary slightly, the basics are very straightforward.

Knowing your rights and the duties of gov agencies, along with a polite attitude will get you the information you want IF IT IS NOT EXEMPT.

Because most people are unaware of their rights, they rarely use them, and gov workers quickly learn that it is much easier to give a firm and authoritative NO. When I did cite PRA statutes, I DID get some of the information that had been previously denied to me.

 

[CdwJava]

The PRA, and its manifestation in California law (Gov 6250 et seq, I believe) is actually an enormously effective tool if used properly. While procedures may vary slightly, the basics are very straightforward.

Knowing your rights and the duties of gov agencies, along with a polite attitude will get you the information you want IF IT IS NOT EXEMPT.

Because most people are unaware of their rights, they rarely use them, and gov workers quickly learn that it is much easier to give a firm and authoritative NO. When I did cite PRA statutes, I DID get some of the information that had been previously denied to me.

It's GC 6254(f) that primarily concerns police reports. An arrest report is not required to be released, and a state criminal record can NOT be released. Court records can generally be released on request, so we always suggest that people head to the court house with the name and/or case number of the case they want information on.

- Carl