Deface/damage Public Property

[CdwJava]

Carl,

Thanks. Do you think there's a point to attempting to expunge? I'm 59 and retired. It's not like it's hurting my job search.

Unless you were convicted of a crime, there is nothing to expunge. If all you have is a request for charges and a dropped case, then you can only seek a finding of factual innocence pursuant to PC 851.8.

You were never convicted of anything right? And if the presence of a police report is not doing you any harm or damage, it may not be worth paying an attorney to try and get the matter purged.

Is it possible to purge electronic records that can go global in a flash and would they return photographs and fingerprints?

Somewhat, and yes.

Electronic records companies that seek CA public records can maintain them, I believe, for up to 7 years unless they are purged. If purged, I have heard that a copy of the order must be served on all the companies that have purchased or obtained these public records and they are then required to take those records off line. But, I doubt that is a simple thing to do.

And, yes, a court can order the destruction of prints and photos if a record is purged.

To clarify the history, some form went from the Sheriff to the D.A. who "rejected" it immediately.

Then you do not need an expungement, you need the 851.8.

I could file the 851 myself and give the agency some period of time to respond before I pay an attorney. The Sheriff can simply ignore the 851.

Correct.

As I recall you have to serve the agency and the DA (I don't have the section in front of me and I have to run .. duty calls). If they reject the petition, then you need to go to court. The agency will likely reject the petition out of reflex ... we don't like to destroy records.

- Carl

 

[Johnmelissa]

Expunge

Carl,

Thank you,

John

 

[Johnmelissa]

Falsification?

Carl, I have a follow-up.

The neighbor/cop stated on his application that he was 5 Feet 7 Inches in height. My daughter guffawed when she heard that. She is 5' 8". As I mentioned previously, the neighbor/cop got in my wife's face threatening to assault her on one occasion. My wife, at 5' 2", believes he can be no taller than 5' 2". The neighbor/cop stated in official documents that his height is 5' 7". Does that constitute falsification of documents, in particular, employment applications? Would his employing police agency be interested in falsification of information provided to it on employment applications? Does a Sheriff's Dept. care if a man of 5' 2" lies and tells the Dept. that he is 5" 7'? I would imagine that height cannot be an employment issue but falsification must.

Thanks. Health and prosperity to the entire family!!!

John

 

[CdwJava]

Carl, I have a follow-up.

The neighbor/cop stated on his application that he was 5 Feet 7 Inches in height. My daughter guffawed when she heard that. She is 5' 8". As I mentioned previously, the neighbor/cop got in my wife's face threatening to assault her on one occasion. My wife, at 5' 2", believes he can be no taller than 5' 2". The neighbor/cop stated in official documents that his height is 5' 7". Does that constitute falsification of documents, in particular, employment applications? Would his employing police agency be interested in falsification of information provided to it on employment applications? Does a Sheriff's Dept. care if a man of 5' 2" lies and tells the Dept. that he is 5" 7'? I would imagine that height cannot be an employment issue but falsification must.

Thanks. Health and prosperity to the entire family!!!

John

I seriously doubt that exaggerating one's height is going to result in termination, discipline, or even criminal charges for falsification of records. Such a revelation - if true - would be embarrassing for him, but I cannot imagine that it would result in any serious issues for him. If the court where the documents were filed refuses to take action, his agency will almost certainly not take any action. And absent any substantive effect on the outcome of his petition, I doubt that a court will see the height issue as serious enough to pursue.

All is well for me and mine, hope all is the same for you and yours ... aside from this ongoing falderall.

 

[Johnmelissa]

Falsification

OK.

There's no court action, no petition and no formal proceeding. I was simply wondering what his agency would do if it learned that he had lied about his height on an employment application years ago. You've stated that they would, likely, do nothing. I accept that, even though the original false statement would have been a deliberate act to deceive. It would tell the agency something about the character of the "officer" it hired. It's just a "little" lie, right?

OK. Thanks again,

John

 

[ShyCat]

Or could it possibly be a simple typo or bad handwriting or illegible copy? A 2 mistaken for a 7, such drama!

 

[CdwJava]

OK.

There's no court action, no petition and no formal proceeding. I was simply wondering what his agency would do if it learned that he had lied about his height on an employment application years ago. You've stated that they would, likely, do nothing. I accept that, even though the original false statement would have been a deliberate act to deceive. It would tell the agency something about the character of the "officer" it hired. It's just a "little" lie, right?

OK. Thanks again,

John

I made an assumption that the "application" you referred to was an application for some sort of court process or order, not his original employment application.

First, I find it hard to believe you could have a copy of his original employment application. If you do, and you did not obtain it through court order, you had best keep it under wraps because whoever gave it to you could get sued or even prosecuted.

Second, as was suggested, the assumed "7" may have been a "2." It may also be possible that the application was completed by someone else or was being copied from a driver's license with the wrong info (my license had me at 5'3" until I was 26 years old because I had it automatically renewed from the time I was 16 until then - I was 5'9" by the time I was 18). Maybe even someone completed it and estimated.

Third, a medical evaluation would have been conducted and the true height and weight would have been revealed then.

It would be difficult to argue an intent to deceive on something that is obvious on view, anyway. And unless he applied a couple of decades ago, the application probably should not have even HAD a place for height and weight as those are generally considered to be questions outside the scope of initial employment. Even age can be off limits if they are 18+ or, in the case of law enforcement, perhaps 21+.

The Personal History Statement would have that information for descriptive info but could not have been considered as part of the hiring process.