The Lawyers.com Law Forums will be shutting down on June 30, 2017. We encourage you to resolve any outstanding discussions prior to that time. If you have any questions about this change, please email info@martindale.com.

what are some reasons that in CA that records be sealed?

Previous | Next
 rated by 0 users
Latest post Tue, May 24 2016 10:38 AM by karen2222. 6 replies.
  • Sun, May 22 2016 5:23 AM

    • dpw789
      Consumer
    • Not Ranked
    • Joined on Sat, Mar 13 2010
    • Posts 9

    what are some reasons that in CA that records be sealed?

    Can they be accessed? What kinds of things could my soon to be ex husband have done? Why were they sealed? I have a case against him where he has thrown me across the room, and fractured my back. I am pressing charges. Can my lawyer find out about these charges that are being hidden, since they may pertain to my case against him? I am also filing for divorce. 

  • Sun, May 22 2016 7:21 AM In reply to

    Re: what are some reasons that in CA that records be sealed?

    First you don't press charges.  You file a police report that is then forwarded to the county prosecutor and THEY decide whether or not charges are filed and what the charges are.  A criminal complaint is public record once it is filed and remains so until the case is over.  At that point the defendant can take steps to have the court filed sealed in some situations.  If there's no record at this point, that means no case has been filed yet.  Further, you need to understand that police reports are not evidence and being charged with a crime is not evidence of guilt. 

  • Sun, May 22 2016 7:32 AM In reply to

    • dpw789
      Consumer
    • Not Ranked
    • Joined on Sat, Mar 13 2010
    • Posts 9

    Re: what are some reasons that in CA that records be sealed?

    The records that I am questioning are from a couple of years ago. Not now. But, what is happening now may pertain to then. I am just hoping to get the records open.

  • Sun, May 22 2016 7:33 AM In reply to

    • dpw789
      Consumer
    • Not Ranked
    • Joined on Sat, Mar 13 2010
    • Posts 9

    Re: what are some reasons that in CA that records be sealed?

    He has some kind of arrest, and records from the past. 

  • Sun, May 22 2016 9:26 AM In reply to

    Re: what are some reasons that in CA that records be sealed?

    Unless they resulted in convictions, there's nothing to get.  If he completed a pre-trial diversion program, then there would be no conviction and the record would be sealed.  You have no standing to have those opened, if indeed they are sealed besides the fact that they would still be inadmissible in court... 

  • Mon, May 23 2016 10:56 AM In reply to

    Re: what are some reasons that in CA that records be sealed?

    dpw789:
    Can they be accessed?

    Can what be accessed?

     

    dpw789:
    What kinds of things could my soon to be ex husband have done?

    What on Earth are you talking about?  In the abstract, your husband "could . . . have done" absolutely anything that humans are capable of doing.

     

    dpw789:
    Why were they sealed?

    Why were what sealed?  Keep in mind that we obviously know nothing about your situation other than what you have shared with us, so even if we knew what records you were talking about, we'd have no clue why they were sealed.

     

    dpw789:
    I have a case against him where he has thrown me across the room, and fractured my back. I am pressing charges. Can my lawyer find out about these charges that are being hidden, since they may pertain to my case against him?

    First of all, criminal charges are pressed (if at all) by the district attorney.  Second, you've posted this question on a board concerning "Traffic Citations," so it's awfully difficult to understand why you would think that any records (sealed or otherwise) concerning a traffic citation might be relevant to a domestic violence case.

  • Tue, May 24 2016 10:38 AM In reply to

    Re: what are some reasons that in CA that records be sealed?

    dpw789:
    Can my lawyer find out about these charges that are being hidden, since they may pertain to my case against him?

    According to the explanation given by a lawyer here, it would take a court order.  If more than 3 years have gone by since the arrest, the records are supposed to have been destroyed, so even a court order wouldn't work.

    It is a general principle of U.S. criminal law that it's unfair to dig up a person's past and use the argument that his having done something once means he probably did it again.  Add to that the fact that being arrested for a crime is absolutely NOT the same thing as being guilty, and a sealed arrest record won't do the prosecutor any good at all in court.

    You can almost certainly sue him for your damages resulting from the violence.  I think evidence that he hurt any previous girlfriends or wives would also be considered irrelevant in such a case, but I'm not sure.  A tort lawyer would know, and would also have ways to find out who he has dated in the past and to get them to testify if it might be beneficial.

Page 1 of 1 (7 items) | RSS

My Community

Community Membership Search Community