Felony Drug possession and NCIC Database

[Freedom17]

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

I was arrested for felony [class d] drug possesion of crack cocaine and oxycodone and go to pre-trial conference with prosecuter in 2 wks. I am in my 50's and have had no arrests for over 25 yrs but had a dui with a joint in my car in the early 80's and a couple of pot possesions in the 1970's. Nothing shows up on the background check for the local search but I'm concerned about the NCIC.

My atty says he has no access to NCIC and thinks we should wait and see if they bring it up first. That seems like a passive approach. He also says the worst I'm looking at is 12-18 mos probation??

Do I have something to worry about here?What is the name of your state (only U.S. law)?

 

[InsaneJane]

What state?

 

[CdwJava]

If you were fingerprinted way back then, and you had a state criminal offender record, then NCIC will likely have a recede of the arrests and convictions.

 

[Freedom17]

I believe I was fingerprinted each time I was arrested and the cases happened in Indiana and california.

I don't know what a state criminal offender record would be? I wasn't ever put on probation and didn't serve any prison time. I don't think any of them were felonies. I did get one 30 day jail sentence for pot possesion in indiana.

I know I don't have any local criminal record because I had a search done thru the county sheriff office.

Is it pretty much standard procedure for local county prosecutors to do a NCIC search when prosecuting for a class d felony for drug possesion?

I was told that some of the records going back to the 70's may not have been upgraded and/or transferred into the current NCIC database. Is that possible?

 

[CdwJava]

I don't know what a state criminal offender record would be?

It would be a record of your arrests and conviction in a particular state.

I wasn't ever put on probation and didn't serve any prison time. I don't think any of them were felonies. I did get one 30 day jail sentence for pot possesion in indiana.

If you were fingerprinted, there is almost certainly a record of the arrest and/or disposition at court.

I know I don't have any local criminal record because I had a search done thru the county sheriff office.

If you have never been arrested, booked, or charged with that agency that is not a surprise.

Is it pretty much standard procedure for local county prosecutors to do a NCIC search when prosecuting for a class d felony for drug possesion?

I imagine so. I cannot speak for every such office in every state, but I suspect they check nationwide at some time prior to trial. But, maybe not. My local DA's office relies on local law enforcement to do those checks, so sometimes out of state convictions are not discovered immediately.

I was told that some of the records going back to the 70's may not have been upgraded and/or transferred into the current NCIC database. Is that possible?

It depends on the practice in that particular state.

In CA the records would likely be manual records and not automated. However, if the old conviction had ever been requested previously, these manual (physical) records will have likely been transferred to the electronic format already. What Indiana might do, I cannot say.

 

[Freedom17]

It would be a record of your arrests and conviction in a particular state.


If you were fingerprinted, there is almost certainly a record of the arrest and/or disposition at court.


If you have never been arrested, booked, or charged with that agency that is not a surprise.


I imagine so. I cannot speak for every such office in every state, but I suspect they check nationwide at some time prior to trial. But, maybe not. My local DA's office relies on local law enforcement to do those checks, so sometimes out of state convictions are not discovered immediately.


It depends on the practice in that particular state.

In CA the records would likely be manual records and not automated. However, if the old conviction had ever been requested previously, these manual (physical) records will have likely been transferred to the electronic format already. What Indiana might do, I cannot say.

Thanks very much for your considerate response. So it sounds like I am mostly at the mercy of the court and there thoroughness. I'm hoping that if they do find these old records... they will determine they have little relevance to my current situation. I hope I'm low priority for their interest in prosecution.

Does anyone know if there is a way to get your NCIC record without going thru the long process of personal request by mail?

 

[CdwJava]

Thanks very much for your considerate response. So it sounds like I am mostly at the mercy of the court and there thoroughness. I'm hoping that if they do find these old records... they will determine they have little relevance to my current situation. I hope I'm low priority for their interest in prosecution.

Does anyone know if there is a way to get your NCIC record without going thru the long process of personal request by mail?

You will have to obtain your state criminal offender records from CA and IN. NCIC does not directly hold those records.