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Police report filed against me

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jean23

Junior Member
So far no charges, arrests have been done. I am accused of annoying phone calls and following someone. I've been told to avoid seeing this person.

My questions is in regards to police records. Where will this report be seen? Criminal history? some other police history?

I am concerned that this report will prevent me from getting jobs in the medical field as a physician due to comprehensive background checks.

Please help with information.

thank you
 


Shay-Pari'e

Senior Member
The DA will get the report, and decide whether to press charges against you. the report is with the police and the DA's office.
 

jean23

Junior Member
I was told that this report will most likely not be presented to the DA and most likely charges will not be filled.
 

CdwJava

Senior Member
A police report can be come public record and can be available upon request if it is not an active/open investigation. Whether it can be viewed or not - and by whom - depends on the laws in your un-named state.

Typically, if no court action is initiated, this will be a dead issue and it will not be discovered in most routing pre-employment screenings. It should not be discovered in any typical medical pre-employment screen unless you are seeking a career in law enforcement or one that requires a serious security clearance because then they may make inquiry with local agencies about any contacts with you.

In general, I think you have nothing to worry about if charges are never pursued by the DA.

- Carl
 

jean23

Junior Member
thanks for the advice. I live in California. I have hired an attorney. So this report will be in the public record system?
 

CdwJava

Senior Member
thanks for the advice. I live in California. I have hired an attorney. So this report will be in the public record system?
It MAY be.

California allows law enforcement agencies to classify crime reports - and even certain non-criminal reports - as "investigative" files and thus keep them from public review. However, the law (Government Code 6254(f)) does not REQUIRE agencies to classify them as such and agencies CAN release these reports if requested. The odds of anyone going to the agency and requesting any report or contact with you is extremely remote ... typically, we see that only in instances where a background for law enforcement a high security clearance is being conducted. A typical licensing or schooling issue will not go that in depth, and these reports should not be in the public domain and accessible by public records/background agencies. There is a very slim chance they MIGHT be, but I do not know of any agency that regularly releases reports to anyone - much less these background companies.

- Carl
 

jean23

Junior Member
I have evidence (phone info, emails) to prove that i was not doing anything wrong and this is bogus. Can I/should I present this to the detective?
 

CdwJava

Senior Member
I have evidence (phone info, emails) to prove that i was not doing anything wrong and this is bogus. Can I/should I present this to the detective?
There is probably little need if they are already saying nothing will come of it. If they ask, perhaps. if not, then you might consider letting sleeping dogs lie. if the allegations are serious, you might consider at least seeking a consultation with an attorney just to be safe.

- Carl
 

jean23

Junior Member
Thanks Carl. Couple more questions please:

Who determines if a case is presented to the DA? A detective was the one who told me it probably won't be. Can I take his word for it?

So, if it's a crime report it definitly be released to public records, but if it's investigative, it might not be?

Thanks again!
 

CdwJava

Senior Member
Who determines if a case is presented to the DA? A detective was the one who told me it probably won't be. Can I take his word for it?
As he said "probably" it still might be. The detective's supervisor may decide to send it over for review.

And if it is a domestic violence incident, it is very likely it will go to the DA for review in any event ... it's a CYA thing.

So, if it's a crime report it definitly be released to public records, but if it's investigative, it might not be?
You misunderstood ... an agency can decide to consider a crime report to be an investigative document and thus deny its release on request. Most agencies in CA do this and thus compel a requestor to go to court to seek a copy of a report.

- Carl
 

jean23

Junior Member
Carl,
How long does it usually take to decide if a case gets presented to DA?

My attorney is suppose to contact the detective soon. I hope i didn't put more flames into the fire by hiring an attorney.
 

CdwJava

Senior Member
Carl,
How long does it usually take to decide if a case gets presented to DA?

My attorney is suppose to contact the detective soon. I hope i didn't put more flames into the fire by hiring an attorney.
When it is done, it gets sent to the DA. Simple matters get referred often within a month ... more complicated ones might take longer.

It is a matter of priority and solvability.

- Carl
 

jean23

Junior Member
Carl, Anyway I can find out what this report will be classified as? I am just concerned about my future.

thanks.
 

CdwJava

Senior Member
Carl, Anyway I can find out what this report will be classified as? I am just concerned about my future.

thanks.
Assume it is an investigatve file ... but, they may not hold it that way.

You can always call and ask if they will release it, but there is no way you can predict what anyone might do in the future.

If you ASSUME they would release it on request, then you can plan ahead accordingly.

- Carl
 

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