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california misdemeanor charges: dismissed but what does this mean?

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lagurl

Junior Member
okay...charge was 'Camping' (in a city subordinate to LA County.)

Cops said I needed to quote--be in the system. Yeah, that's what they told me: folks like me need to be in the 'system' so they can keep track of me. When I expressed confusion about the statement, I was asked, "what, you've never been arrested before?" Yup! That's what the cop asked me!

Problem is, LA county said the cops couldn't arrest people for sleeping outside (the charge was camping). The charge came AFTER the LA Courts said cops couldn't arrest people for sleeping outside. The city that gave me the citation is subordinate to the county.

Yeah, I had some housing problems there, and received a yellow misdemeanor citation as a result. The DA and judge dismissed the charges, saying it's not right to give me a criminal record.

What now? I'm now better off financially and housing wise (thanks to a job, some income, and a chance to buy a tax foreclosure house off a frigid northeast city's tax repo list).

Here's what I would like to know:

Do I have an 'arrest record' and does this show up in an employment background check?

Is the citation entered as an arrest in the FBI files (NCIC; meaning I now have an FBI rap sheet?)

Can I get the arrest expunged/sealed because the case was dismissed by the courts? If yes, then will the arrest be expunged from the FBI files?

With some additional money expected from a probate settlement, I'm planning on moving oveseas, and need to have a 'clean' record for immigration purposes (US born)

How do I answer questions about the 'arrest' (citation that I received?) It was dismissed.

thanks!
 
Last edited:


Kane

Member
okay...charge was 'Camping' (in a city subordinate to LA County.)

Cops said I needed to quote--be in the system. Yeah, that's what they told me: folks like me need to be in the 'system' so they can keep track of me. When I expressed confusion about the statement, I was asked, "what, you've never been arrested before?" Yup! That's what the cop asked me!

Problem is, LA county said the cops couldn't arrest people for sleeping outside (the charge was camping). The charge came AFTER the LA Courts said cops couldn't arrest people for sleeping outside. The city that gave me the citation is subordinate to the county.

Yeah, I had some housing problems there, and received a yellow misdemeanor citation as a result. The DA and judge dismissed the charges, saying it's not right to give me a criminal record.

What now? I'm now better off financially and housing wise (thanks to a job, some income, and a chance to buy a tax foreclosure house off a frigid northeast city's tax repo list).

Here's what I would like to know:

Do I have an 'arrest record' and does this show up in an employment background check?
Well, you said you were given a citation. There's a record of the case, as well as the dismissal, that's kept by whichever court handled the case. In fact, any government agency that came in contact with you, or with the case, is liable to have a record of it somewhere.
Is the citation entered as an arrest in the FBI files (NCIC; meaning I now have an FBI rap sheet?)
I doubt it. NCIC doesn't keep track of the lowest level misdemeanors; traffic tickets, municipal ordinance violations, things like that.

Can I get the arrest expunged/sealed because the case was dismissed by the courts?
Probably. I doubt it's worth it though.

If yes, then will the arrest be expunged from the FBI files?
Probably. But if you were given a citation, it won't have been on NCIC anyway.

With some additional money expected from a probate settlement, I'm planning on moving oveseas, and need to have a 'clean' record for immigration purposes (US born)
I don't know where you're going, or how picky they are about who they let in, but I'd be suprised if they were worried about an illegal camper.

How do I answer questions about the 'arrest' (citation that I received?) It was dismissed.
"I was given a ticket for illegal camping, and the case was dismissed."
 

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