Criminal Records

[ArtP88]

I'm hoping you gentlemen can answer a few questions I have. I received a programmable police/fire scanner. With the help of some 10 and 11 codes I have found, I can figure out much of what is transmitted. But it's led to some questions.

I'll use myself as an example, though that's probably not a good idea. In 44 years I have had the pleasure of seeing the inside of a patrol car from the back seat, but I've never been convicted of anything beyond a traffic infraction. Been arrested but never convicted. I think the arrest was a "lesson" (officer knew nothing would come of it) and it did as intended and I probably did deserve it.

After listening to this scanner I've learned that LOCAL LE indeed keeps records of just about anything related to the population it polices, not surprising.

Questions:

Are arrest records public (where there was no conviction)?

Are arrest records shared with other agencies? Other states?

How about incidents where no arrest took place and the disposition was classified as "unfounded"?

All this time I've been running around thinking I have absolutely no record, but perhaps I do.

When running 27's I often hear subject is "clear", or "clear locally" or "clear all the way around". Is there a distinction between those three terms?

Two terms I cannot figure: 10-32, it's used very frequently, but the searches I have done turn up "man with a gun" or "drowning". Neither of these can be correct. Another is the term "X-Ray". I don't think it's being used phonetically to mean "X", something else? Seems used in relation to running plates or DL's.

Thanks in advance.

[tyrist]

I'm hoping you gentlemen can answer a few questions I have. I received a programmable police/fire scanner. With the help of some 10 and 11 codes I have found, I can figure out much of what is transmitted. But it's led to some questions.

I'll use myself as an example, though that's probably not a good idea. In 44 years I have had the pleasure of seeing the inside of a patrol car from the back seat, but I've never been convicted of anything beyond a traffic infraction. Been arrested but never convicted. I think the arrest was a "lesson" (officer knew nothing would come of it) and it did as intended and I probably did deserve it.

After listening to this scanner I've learned that LOCAL LE indeed keeps records of just about anything related to the population it polices, not surprising.

Questions:

Are arrest records public (where there was no conviction)? No

Are arrest records shared with other agencies? Other states?Yes and Yes

How about incidents where no arrest took place and the disposition was classified as "unfounded"?All calls for service are documented although at different levels

All this time I've been running around thinking I have absolutely no record, but perhaps I do.If you have been placed under arrest and booked you have a record.

When running 27's I often hear subject is "clear", or "clear locally" or "clear all the way around". Is there a distinction between those three terms?Not sure but probably has something to do with warrants in the county, out of county, and out of state.

Two terms I cannot figure: 10-32, it's used very frequently, but the searches I have done turn up "man with a gun" or "drowning". Neither of these can be correct. Another is the term "X-Ray". I don't think it's being used phonetically to mean "X", something else? Seems used in relation to running plates or DL's.It's used for the phonetic alphabet

Thanks in advance.

Answers in bold

[ArtP88]

Are arrest records shared with other agencies? Other states?Yes and Yes

Is this information automatically propagated or distributed? Or shared only when asked? My common sense, for what it's worth, suggests the information is forwarded upon request only, for instance during a background check. But if my info were run in Dallas TX, I would not think it would be available without Dallas asking Lake County, CA. No?

All this time I've been running around thinking I have absolutely no record, but perhaps I do.If you have been placed under arrest and booked you have a record.

A record record with who? My local county? Earlier you mentioned this wasn't public. how is it shared?

.

Tyrist, thanks for your help.

[SVT-40]

Actually arrest records are public. In fact in many cities you can walk into a station and ask to see the days log. They list arrests by name and charge. Some cities have the info available on line.

Go to the site below and search for the information for your city. Use the letters at the top to determine if the city where you live participates. Select the first letter in the name of your city and then select your city from the drop down list. The results show the arrestee's full name DOB charge as well as other info. It also shows the info for anyone arrested who lives in the city you selected.

http://www.localcrimenews.com/

[ArtP88]

Actually arrest records are public. In fact in many cities you can walk into a station and ask to see the days log. They list arrests by name and charge. Some cities have the info available on line.

Mine does.

Let me re-phrase all of that.

Public logs lists arrest information and LE activity by date (in my county). I have never found a way to search months or years worth of data to extract information about a particular subject. The sheer amount of LE activity prevent a public record search -- the way we're using "public" here -- from revealing much about a specific individual unless someone spends hours/days combing through data.

My question is how is my arrest information without charge, long ago, propagated outside my county? Or is it, without it being asked for.

My motive is simply curiosity. Nothing else.

[RickD427]

Arrest Records are public records. Penal Code section 6254(f)(1) provides that the following information must be released upon public request:

"The full name and occupation of every individual arrested by
the agency, the individual's physical description including date of
birth, color of eyes and hair, sex, height and weight, the time and
date of arrest, the time and date of booking, the location of the
arrest, the factual circumstances surrounding the arrest, the amount
of bail set, the time and manner of release or the location where the
individual is currently being held, and all charges the individual
is being held upon, including any outstanding warrants from other
jurisdictions and parole or probation holds."

Criminal History information maintained in the State DOJ's computer system is protected against public release. Penal Code section 11105 sets very narrow criteria for the release of information from this system.

It worth noting that the law does not make the information in the system private, it only prevents the use of the DOJ system to access the information.

There are may private databases that compile arrest records, obtained as public records under section 6254(f)(1), and make those arrest records available on a fee basis to their customers.

One problem with these private criminal record repositories is that there is no assurance that their records are updated to reflect later court actions.

[ArtP88]

Arrest Records are public records. Penal Code section 6254(f)(1) provides that the following information must be released upon public request:

I'm aware that anyone hell bent on seeking information can find it if they know which agency to look at and are willing to scour mountains of records.

My question is more about the ease of that information being available just by running my DOB and name through a computer in another state.

As I've mentioned, I'm looking to learn how that information is propagated or shared. In the IT world we have a term -- "push" or "pull". Push is distributed and pull is only when asked for.

Is an arrest without charge or conviction pushed or pulled from another agency?

[RickD427]

I'm aware that anyone hell bent on seeking information can find it if they know which agency to look at and are willing to scour mountains of records.

My question is more about the ease of that information being available just by running my DOB and name through a computer in another state.

As I've mentioned, I'm looking to learn how that information is propagated or shared. In the IT world we have a term -- "push" or "pull". Push is distributed and pull is only when asked for.

Is an arrest without charge or conviction pushed or pulled from another agency?

Arrest info without a charge, or conviction, is "pushed" into the California DOJ computer system as a matter or routine. It's supposed to be updated as a case matures through the system, but it's quite common to find incomplete records that were never updated. Apart from the DOJ system, I can't think of any other instance where info is "pushed" anywhere.

Records are very often "pulled" from the DOJ system, usually as part of an investigation. Agencies don't normally "pull" records from other LE agencies. Thoe DOJ system serves as a central routing point.

[code33]

Many of the 10 codes are the same but not universal to all agencies. 10-32 can mean that a vehicle or person is clear of any wants after dispatch does a records check.

This is why it's silly when some people posts in "code" instead of plain text.

Two terms I cannot figure: 10-32, it's used very frequently, but the searches I have done turn up "man with a gun" or "drowning". Neither of these can be correct. Another is the term "X-Ray". I don't think it's being used phonetically to mean "X", something else? Seems used in relation to running plates or DL's.

Thanks in advance.

[ArtP88]

Arrest info without a charge, or conviction, is "pushed" into the California DOJ computer system as a matter or routine. It's supposed to be updated as a case matures through the system, but it's quite common to find incomplete records that were never updated. Apart from the DOJ system, I can't think of any other instance where info is "pushed" anywhere.

Records are very often "pulled" from the DOJ system, usually as part of an investigation. Agencies don't normally "pull" records from other LE agencies. Thoe DOJ system serves as a central routing point.

Rick, thank you for that! Makes total sense.

Can I ask how you came to know this information?

[ArtP88]

This is why it's silly when some people posts in "code" instead of plain text.

Care to detail what that means?

Who are some people?

[johnthomas]

I have 2 arrests, the last, in 1985, both alcohol related. In 1997 my daughter got a job at the police department, part of the training was running names for a records check. Before she did, I fessed up and told her I got arrested for dui twice. It was tough telling her, she was young when I was messing up and didn't know until I told her. Talk about facing your past. She went through the training and ran my name..............nothing came up. I never could figure that one out.

[code33]

Care to detail what that means?

Who are some people?

"Some people" are persons that think police radio codes are universal across all agencies and think it's impressive to use codes or think they are helping to convey the message better when referring to police activity.

It doesn't happen much here. But the following, recent thread is an example:

http://www.calguns.net/calgunforum/showthread.php?t=528637

OP posted a radio code of 11-44 in the title to refer to a death. Well, it's the first time I've seen 11-44.

The code you inquired about is a good example on how it can mean different things. 10-32 to SFPD means "clear, no wants" while 10-32 to a LEO in neighboring San Mateo County means a drowning.

[code33]

She most likely just ran your name in the local database or just did a state records check for any current wants and not a criminal history (CHS). CHS inquiries are more restrictive.

From 1985 to 1997, a lot of things could have happened. The agency could have changed their local records systems and not migrate the legacy data over. That doesn't mean the data isn't available, it just means that they don't automatically look unless requested to.

DOJ has test records set up for purposes of training and testing the system that comes back with a hit on everything.

I have 2 arrests, the last, in 1985, both alcohol related. In 1997 my daughter got a job at the police department, part of the training was running names for a records check. Before she did, I fessed up and told her I got arrested for dui twice. It was tough telling her, she was young when I was messing up and didn't know until I told her. Talk about facing your past. She went through the training and ran my name..............nothing came up. I never could figure that one out.

[RickD427]

Rick, thank you for that! Makes total sense.

Can I ask how you came to know this information?

Art,

I've been an LEO for 36 years, with a variety of line, supervisory and management positions and have worked projects involving communications and Public Records Act stuff......................