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My DOJ rap sheet had inaccurate entries - form BCIA 8706 was filed

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booga

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

I found that my DOJ "Rap Sheet" had inaccuracies in the entries
A form BCIA 8706 "Claim of Alleged Inaccuracy or Incompleteness." was filled out and submitted along with court documentation to support the claim December 2016. I received a response from the DOJ to indicate that the application was received and to be reviewed.

What is the expected timeframe for this case to get a decision from the DOJ?

What is the method to follow up on the case?
I have written a follow up letter using the return address from the response letter I received from the DOJ. But I don’t believe my letter would get to the right department handling the case.

Is there a phone number to call?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? California

I found that my DOJ "Rap Sheet" had inaccuracies in the entries
A form BCIA 8706 "Claim of Alleged Inaccuracy or Incompleteness." was filled out and submitted along with court documentation to support the claim December 2016. I received a response from the DOJ to indicate that the application was received and to be reviewed.

What is the expected timeframe for this case to get a decision from the DOJ?

What is the method to follow up on the case?
I have written a follow up letter using the return address from the response letter I received from the DOJ. But I don’t believe my letter would get to the right department handling the case.

Is there a phone number to call?
Yours is not a legal question. Really.
As to the phone number...I'm sure you can use Google just as easily as we can.
 

booga

Junior Member
Yours is not a legal question. Really.
As to the phone number...I'm sure you can use Google just as easily as we can.
Hi Zigner,

I apologize - You're right, the question I posted is not a legal advice question.
I was hoping for insight on how the process goes for this application.
I am not sure if you are an administrator on this forum. Please delete this thread.

In my search both on the DOJ website and on google, I am getting a re-sounding "very difficult to get a hold of a live person at the DOJ"

Thank you for your patience.
 

quincy

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

I found that my DOJ "Rap Sheet" had inaccuracies in the entries
A form BCIA 8706 "Claim of Alleged Inaccuracy or Incompleteness." was filled out and submitted along with court documentation to support the claim December 2016. I received a response from the DOJ to indicate that the application was received and to be reviewed.

What is the expected timeframe for this case to get a decision from the DOJ?

What is the method to follow up on the case?
I have written a follow up letter using the return address from the response letter I received from the DOJ. But I don’t believe my letter would get to the right department handling the case.

Is there a phone number to call?
Although the DOJ will say it takes only a couple of days to process a submission, you can expect it to take at least a couple of weeks. Perhaps longer. It depends on any backlog.

You can try the following numbers to see if you can reach a human who can direct you to another human who might be of some assistance:

DOJ Public Inquiries: 916-322-3360 or 800-952-5225.

Good luck.
 

booga

Junior Member
Hi Quincy,

I expected 90 days, maybe a little more depending on backlog. I get the feeling that my case may have fallen between the cracks.

Thank you for those numbers, I will give them a try tomorrow.

Thank you


Although the DOJ will say it takes only a couple of days to process a submission, you can expect it to take at least a couple of weeks. Perhaps longer. It depends on any backlog.

You can try the following numbers to see if you can reach a human who can direct you to another human who might be of some assistance:

DOJ Public Inquiries: 916-322-3360 or 800-952-5225.

Good luck.
 

quincy

Senior Member
Hi Quincy,

I expected 90 days, maybe a little more depending on backlog. I get the feeling that my case may have fallen between the cracks.

Thank you for those numbers, I will give them a try tomorrow.

Thank you
You're welcome, booga. Thanks for the thanks. Good luck. :)
 

CdwJava

Senior Member
DOJ may come back to you and inform you that the problem needs to be corrected at the local court/agency where the record was obtained. If the problem is that some offense was expunged or otherwise disposed of and the state RAP sheet was not changed to reflect it, the most common problem is that the court where the discharge/expungement occurred failed to update their records with the DOJ.

So, you might want to check with the agency or court where the error exists and see what they might be able to do.
 

quincy

Senior Member
DOJ may come back to you and inform you that the problem needs to be corrected at the local court/agency where the record was obtained. If the problem is that some offense was expunged or otherwise disposed of and the state RAP sheet was not changed to reflect it, the most common problem is that the court where the discharge/expungement occurred failed to update their records with the DOJ.

So, you might want to check with the agency or court where the error exists and see what they might be able to do.
Court documentation needs to be included with the request to the DOJ for corrections - and booga said in his first post that these were submitted with his form.
 

booga

Junior Member
I found an email address which allows for follow up. I am a bit apprehensive about sending the same supporting documents via email. There is too much sensitive information in it to pass through email.
 

quincy

Senior Member
I found an email address which allows for follow up. I am a bit apprehensive about sending the same supporting documents via email. There is too much sensitive information in it to pass through email.
Did you call?

There was a street address on the form you previously submitted that can be used to resend material to the DOJ - but I would call to find out the status of your earlier submission before going to the trouble of sending anything again. You already received notice of receipt.
 

booga

Junior Member
Hi Quincy,

The number gave the option to leave my name, DOB, and phone number for a callback. So I am waiting for a call from the 916 area code or possibly a blocked number. I also did receive an email reply which is similar text as the letter that I was sent to confirm receipt. I just now noticed that the receipt date is January 19, which is a month after the application was mailed to the DOJ. I am not sure why I did not notice that before. I just thought that the confirmation letter was just delayed due to backlog.

The address from the confirmation of receipt is where I sent a follow up inquiry by mail. I will compare that address when i get home.

DOJ said:
Thank you for contacting the Record Review and Challenge Program at the California Department of Justice concerning the status of your Claim of Alleged Inaccuracy or Incompleteness.

All criminal record challenges are processed in order of the date received. Our records indicate that your Claim of Alleged Inaccuracy or Incompleteness was received on January 19, 2017. Consequently, the DOJ is still in the process of reviewing and researching your claim. Upon completion a response letter will be mailed to you.

We appreciate you taking the time to submit your inquiry and thank you for your patience.

Thank you for your inquiry.
CA Department of Justice
Applicant Information & Certification Program
Record Review and Challenge Program – 11
[email protected]


Did you call?

There was a street address on the form you previously submitted that can be used to resend material to the DOJ - but I would call to find out the status of your earlier submission before going to the trouble of sending anything again. You already received notice of receipt.
 
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quincy

Senior Member
Thanks for the additional information, booga.

If you have time to post back with more updates, we are always interested in hearing what has happened.
 

CdwJava

Senior Member
Court documentation needs to be included with the request to the DOJ for corrections - and booga said in his first post that these were submitted with his form.
I do not see where he stated he submitted that information.

As a note, it is a common issue that people do NOT submit these documents. I have dealt with dozens of similar cases over the years and they were, by and large, the result of people not working through the local court and instead hitting the big red wall of the DOJ.

Most often, the issue had to do with firearm rejections and fouled up adjudications not adequately reported or recorded by the local courts. These were not handled by the DOJ, so they got bounced back to the petitioner and they would have to work with the local court. In some cases, they asked for our help to negotiate the process.
 
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quincy

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

... A form BCIA 8706 "Claim of Alleged Inaccuracy or Incompleteness." was filled out and submitted along with court documentation to support the claim December 2016....]
CdwJava, the above quote was taken from booga's first post in the thread.

Court documentation was submitted with the necessary form.
 

CdwJava

Senior Member
CdwJava, the above quote was taken from booga's first post in the thread.

Court documentation was submitted with the necessary form.
Hmm ... okay, I missed that.

But, I wonder if the court documentation might still be lacking. As I said, the most common issue I have come across is that the record was not updated. And, what documentation was submitted. Actual court records? Or, records printed from the court website? You might be surpised (appalled?) to learn how often there is a serious disconnect in the system.
 

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