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Dept of Justice Back Round Check-

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ggmapa

Guest
What is the name of your state?undefinedWhat is the name of your state? CA

I am a native Californian-54 years. I currently have a CA Real Estate License (since 1977). I became a notary public in 1977 also, and held that commission until 1997 at which time I decided it was no longer practical to maintain the notary. The past 11 years I have acted as a real estate consultant to the wireless telecommunications industry which required out of state locations for various lengths of time. My travels took me to multiple states, most of which I applied and received notary commissions (five states in addition to California). My primary residence always remained in CA.

After 9-11-2001, I decided to limit my business to CA only. An opportunity presented itself that required me to apply and receive the CA Notary Public commission (in retrospect, what a mistake to have let my previous commission expire). In the process of obtaining my commission, the back round check revealed a DUI I received in December 1978 had not been documented as dismissed from the county court system. Months of discussions with the Secretary Of State Notary Division, requests to the DOJ for copies of my back round check including the $25 fee, and letters and phone calls to two regional assemblymen in my district and the adjoining district resulted in "no assistance, no suggestions for remedy" to the situation. The only detail I was able to get was that the new Homeland Security rules changed the processing and without documentation that this "charge" had been dismissed I was out of luck. I hired a private court document searcher to research my file and he was told that "vintage" records in that court had been shredded. All conditions of the court for that infraction were satisfied; my CA Dept of Motor Vehicle record and auto insurance is impeccable; I have received security clearance to enter two air force bases in CA (in the last one year) based on my Drivers License alone; and a speeding violation should have resulted in a bench warrant for my arrest if the 1978 infraction was in fact an open case.

I am perplexed and unsure what remedy there may be to get this expunged from my record. The previous opportunity which required the Notary Commission has probably lost me an additional $500 to $1000 in monthly income and a recent opportunity which has presented itself requires DOJ clearance to enter various secured Federal locations for real estate matters; this opportunity bears substantial monetary consideration.

By the way, I have abstained from alcohol consumption for 22 years. Who would ever think I would still be paying for this youthful, irresponsible activity.

Comments?????
 


CdwJava

Senior Member
First thing you need to do is find out what the source of the information was.

Who told you that you had a DUI conviction? And is a misdemeanor conviction grounds for denial of this license? I don't think it is ... at least not a DUI conviction anyway.

When an agency conducts a background check using Criminal Offender Records via the FBI or the CA DOJ, they only receive a clearance or a rejection notice stating "No disqualifying convictions" or, a summary of the disqualifying offense.

However, there ARE companies such as Merlin and Lexis Nexis that purchase old court records from local governments and enter them into their databases. If this particular search was the result of such a search then it's possible they have some very old - and maybe, inaccurate, information.

You might consider contacting the CA Department of Justice and asking for the procedure to obtain a copy of your CORI (Criminal Offender Record Information) file. I believe there is a small fee involved. You can then SEE what the state has for your conviction record and you might be able to appeal the denial of your license.

- Carl
 
G

ggmapa

Guest
Dept of Justice Back Round Check

State: CA

The DUI was a misdemeanor. I was told by the Notary Division the nature of the "denial"; no documentation that the infraction had been dismissed or satisfied. Those records have been shredded. I will investigate ordering a back round check from the Ca DOJ as suggested. I appreciate the comments/suggestions.
 

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