An arrest record showed up in my background check with no final disposition. Can it be expunged?Where to start?

Best answer:

Find Your Instant Background Report at Government Records Registry Site.

Start Your Search Now!

_______________________________________________

In 1991 when I was 18, in California, I was arrested with a group of guys outside an apartment complex. 3 of the guys had just done a "beer run" but no one pointed fingers so the cops took all 5 of us in. I was fingerprinted and booked, then released. The following morning my uncle and I went down to the police station and spoke with the police chief at the time, and told him my role and the whole story of what went on. The chief of police said he would take care of the case. That was nearly 20 years ago, so I don’t remember exactly what was said. That was the only criminal thing I have ever been charged with. I haven’t even had a traffic ticket in 10 years(knock on wood).

I never received anything from the court, and a follow up inquiry into my criminal record revealed nothing. I have since had several background checks, like a Certificate of Firearms Eligibility where I was Livescanned for the FBI and DOJ, and I received my COE without a single issue. At 21, I also applied for a Correctional Officer position and I made the first cut of 80 people with a 1000+ applicants. I was called in for a physical and interview, and eventually a 2nd interview 6 months later(which I blew off as I was snowboarding in Colorado and had no plans to ever return to CA). If there was a problem with my record, I imagine my application would have been tossed in the first cut of applicants.

If you are still with me, I’ll fast forward to the present. I am in the process of applying for my Class 03 Federal Firearms License(Curio and Relic) and I just received a letter from the BATF stating that I had an arrest for Petty Theft Retail Merchandise but there is no final disposition of charges. They are asking for a final disposition of charges from the court or a disposition of charges from the arresting agency(the police department was absorbed by the Sheriffs department 10 years ago). In the letter I received, the BATF has not rejected or threatened to reject my application but they do say in 45 days without documentation clarifying the disposition of charges for this incident, that my application will be considered abandoned and my fee refunded.

So my question is, since there was never any final disposition of charges, can I have both the charges and the arrest expunged? Do I need a lawyer to do this and if not where should I start? Also what agency or courthouse department should I talk to first to get the final disposition of charges documentation on official letterhead, in order to satisfy the BATF’s request?
I forgot to mention, that I am still a California resident.
Dr. Phil as far as I know, I have no case number for this arrest. I never received anything from the court regarding the arrest. I have never been to court for this arrest or anything else criminal in nature. I have never spoken with a DA. Like you I have made several firearm purchases, as well as some pretty thorough background checks, and I have never been made aware of any problem with my record until now.
Dr. Phil as far as I know, I have no case number for this arrest. I never received anything from the court regarding the arrest. I have never been to court for this arrest or anything else criminal in nature. I have never spoken with a DA. Like you I have made several firearm purchases, as well as some pretty thorough background checks, and I have never been made aware of any problem with my record until now.

Tags:

  • No Disposition Arrest Only
  • arrested never charged no dosposition on record
  • no disposition available
  • no disposition on background check
  • there is no warrant why is it on my backround check
  • what does charged but no disposition mean
  • what does it mean in an fbi background check no disposition record on file
  • what does unknown disposition mean for criminal records
  • what is toc:f on criminal record
  • what is unknown disposition
This entry was posted in Public Records. Bookmark the permalink.

2 Responses to An arrest record showed up in my background check with no final disposition. Can it be expunged?Where to start?

  1. Dr. phil of sh*t says:

    Call the clerk of the courts office in that county and give them the case number they should have a disposition on file.
    I got held up all the time on my firearm purchases and found out it was an old case (bar fight) that was thrown out but they listed the arrest date as my birth date and that was enough for the clerks office to not file it correctly.

  2. John S says:

    There obviously cannot be any disposition of charges when no charges were filed. What you can get "expunged" (sort of) in California is a conviction, and you were not convicted. However, the record of your arrest should show a record of release. That IS a final disposition under California law, and legally you were NOT arrested, but only detained. (Pen C 849.5.) The only documentation which exists, or will ever exist, is the record of arrest and record of release. You may so advise the feds.

Leave a Reply