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cawacko

cawacko

Well-known member
Sorry to start a new thread on a discussion being had in another thread but I was hoping maybe someone who knows the answer and didn't see the other thread could answer this.

Let's say I have been convicted of no crimes but have been charged with illegal drug possession at some point and the charges eventually got dropped. Do I have a clean record? If a cop asks me if I have a record do I have to tell him I've been charged with something in the past even if I am not convicted of it?
 
you will have an arrest record unless you petition the courts to expunge it. if a cop asks you if you have a record, you do not have to answer it. that question is not relevant to any investigation that he/she might be conducting. If a cop asks you questions, you should immediately ask if you are being detained. If he says no, then walk away. If he says you are being detained, you can either ask him what reasonable and articulable suspicion he/she has that you have committed a crime, are committing a crime, or will commit a crime or you can invoke your 5th Amendment right.
 
cawacko said:
Sorry to start a new thread on a discussion being had in another thread but I was hoping maybe someone who knows the answer and didn't see the other thread could answer this.

Let's say I have been convicted of no crimes but have been charged with illegal drug possession at some point and the charges eventually got dropped. Do I have a clean record? If a cop asks me if I have a record do I have to tell him I've been charged with something in the past even if I am not convicted of it?
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you have to be convicted to have a 'record' for legal purposes (and if it was a misdemeanor after (not sure of this one) after 3 years you can petition a court to have your record dissolved), but once arrested you will always have an arrest record (except for infractions), like fingerprints and photograph (and now dna)

they keep your arrest information forever in case they may need it again to identify you even if you were never convicted. at least that is they way i understand California law.

any of you ca lawyer types out there know better?...i am not a lawyer
 
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SmarterthanYou said:
you will have an arrest record unless you petition the courts to expunge it. if a cop asks you if you have a record, you do not have to answer it. that question is not relevant to any investigation that he/she might be conducting. If a cop asks you questions, you should immediately ask if you are being detained. If he says no, then walk away. If he says you are being detained, you can either ask him what reasonable and articulable suspicion he/she has that you have committed a crime, are committing a crime, or will commit a crime or you can invoke your 5th Amendment right.
Click to expand...

unfortunately, the cops can hold you for 48 hours if they are sufficiently pissed at you, even if you have done nothing wrong.

however, i do not think that you can get your photograph, fingerprints and dna expunged from the system even if you are found not guilty or not even charged.

but then i am not a lawyer either
 
SmarterthanYou said:
you will have an arrest record unless you petition the courts to expunge it. if a cop asks you if you have a record, you do not have to answer it. that question is not relevant to any investigation that he/she might be conducting. If a cop asks you questions, you should immediately ask if you are being detained. If he says no, then walk away. If he says you are being detained, you can either ask him what reasonable and articulable suspicion he/she has that you have committed a crime, are committing a crime, or will commit a crime or you can invoke your 5th Amendment right.
Click to expand...

If I'm bs'ing with a buddy can I "legally" say my record is clean if I have been arrested but not convicted? (As I read that again a truly clean record would probably include no arrests or charges brought against me but what would the correct term be for someone who has no convictions on their record?)
 
cawacko said:
If I'm bs'ing with a buddy can I "legally" say my record is clean if I have been arrested but not convicted? (As I read that again a truly clean record would probably include no arrests or charges brought against me but what would the correct term be for someone who has no convictions on their record?)
Click to expand...

i guess that the lawyers on this forum (at least the ca ones) are not dispensing any free advice today

oh well
 
cawacko said:
If I'm bs'ing with a buddy can I "legally" say my record is clean if I have been arrested but not convicted? (As I read that again a truly clean record would probably include no arrests or charges brought against me but what would the correct term be for someone who has no convictions on their record?)
Click to expand...

If you are bs'ing with a buddy, I would think you can say whatever you want as long as you aren't threatening a terrorist action or to kill an elected official...

Tell them you didn't inhale!

Tell them you have no recollection of that event, Senator!

use all the old classic lines (grin)

Disclaimer: I'm not a lawyer!


ps - Howey, your PM storage is full.
 
tekkychick said:
If you are bs'ing with a buddy, I would think you can say whatever you want as long as you aren't threatening a terrorist action or to kill an elected official...

Tell them you didn't inhale!

Tell them you have no recollection of that event, Senator!

use all the old classic lines (grin)

Disclaimer: I'm not a lawyer!


ps - Howey, your PM storage is full.
Click to expand...

Haha, good point. :)

I think I'm going to have to look elsewhere to find the answer to this question.
 
Well, normally I would say if charges got dropped, no big deal if you tell the story... but there was a guy - relatively new - at my work one time who launched into a very long story about getting caught at the airport with a fishing knife he forgot was in his luggage and the knife turned out to be illegal now and... well, it went on and on and on and can't say we had much respect for him at the end of it. Plus, he was supposed to be working on something, not jabbering away. He didn't last very long...

It was a good bar story; not a good work story, even though I think the charges were dropped and he got out of jail and met his family in Hawaii to finish the vacation.
 
Don Quixote said:
you have to be convicted to have a 'record' for legal purposes (and if it was a misdemeanor after (not sure of this one) after 3 years you can petition a court to have your record dissolved), but once arrested you will always have an arrest record (except for infractions), like fingerprints and photograph (and now dna)

they keep your arrest information forever in case they may need it again to identify you even if you were never convicted. at least that is they way i understand California law.

any of you ca lawyer types out there know better?...i am not a lawyer
Click to expand...

I swear we're all going to be lawyers after this case!
 
cawacko said:
If I'm bs'ing with a buddy can I "legally" say my record is clean if I have been arrested but not convicted? (As I read that again a truly clean record would probably include no arrests or charges brought against me but what would the correct term be for someone who has no convictions on their record?)
Click to expand...

Maybe in speaking terms "I've never been convicted of a crime" if it's a friend, and "none of your business" if not. :)
 
tekkychick said:
If you are bs'ing with a buddy, I would think you can say whatever you want as long as you aren't threatening a terrorist action or to kill an elected official...

Tell them you didn't inhale!

Tell them you have no recollection of that event, Senator!

use all the old classic lines (grin)

Disclaimer: I'm not a lawyer!

ps - Howey, your PM storage is full.
Click to expand...

I think Howey needs to get his storage expanded!
 
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