California Criminal information(CCI)

[Cactuscooler]

I recently received a copy of my California criminal history information ' rap sheet'. My charge 243(E) (1) is listed on it. It also shows a FBI number associated with it. Does that mean it was uploaded to the NCIC?

The format looks like this:

CII/Axxxxx
DOB/XXXX
HGT/XXXX WGT/XXX
NAM/001 XXXXX

FBI/XXXX
DMV/XXX
SOC/XXX

ARR/DET/CITE: XXXX NAM:001 DOB:XXX

CNT:001 243(E) (1).

DISPO: RELEASED/DETENTION ONLY.

[SVT-40]

NCIC (National Criminal Information Center) is just a "clearing house" which transmits criminal history as well as other law enforcement information between agencies.

So NCIC was used to to transmit your raps information based upon the query using your FBI number (Federal) or CII number. (California)

[Falconis]

My only question is, is that relationship now history?

[Cactuscooler]

My only question is, is that relationship now history?

Without going into too much detail. I am still with her and we were able to sort our issues out. I myself still believe I was innocent, it's a long story but basically I called the Sheriff's thinking they would deescalate and tell her to leave my residence.

I was the one that initially called into dispatch, yet when they arrived they couldn't believe that a man was not the 'initial aggressor'. I still maintain that I did not physically assault her, photos were taken no visible marks.

[matt510]

That sucks bro, I had a similar experience. I think its hard for them to believe that you are not the aggressor when you are the man. We all have an instinct to protect women from harm, its hard to be objective when a woman claims she was the victim.

[Cactuscooler]

That sucks bro, I had a similar experience. I think its hard for them to believe that you are not the aggressor when you are the man. We all have an instinct to protect women from harm, its hard to be objective when a woman claims she was the victim.

It didn't help that the call went out on super bowl sunday either. I bet they were pissed to leave the station . I don't hate LEO's, nor do I paint all of them with a stereotyping brush of a stroke.

Her own mother showed up and said " They're just kids, can you take the cuffs off him I know my daughter just let me take her home". Instead they ignored her and threw me into the patrol car.

En route to the station, I notice the deputies talking to each other. One of them seemed like a rookie because the deputy in the passenger side was walking him through the steps of entering info into the computer.

I think I became his 'learning tool' because the other senior deputy didn't write the report. The rookie did. They even went so far in the report to destroy my credibility by saying I "changed my story too many times".

[fullrearview]

That sucks bro, I had a similar experience. I think its hard for them to believe that you are not the aggressor when you are the man. We all have an instinct to protect women from harm, its hard to be objective when a woman claims she was the victim.

No it's not... About 65% of all my D.V. arrests are of the female half. The most under reported violent crime is D.V. when the female is the aggressor. No man wants to admit he got his *** beat by a girl.

It only requires a bit more investigation...

That being said, 243e1 is one of the few misdemeanors we can arrest on when its not committed in our presence. It's written that way for a reason... One goes to jail, things tend to calm down... For awhile.

If she said you hit her and she lied, I would fight it all the way. You don't want that crap on your record bro. And in my experience bro, if she did it to you once, she will do it again.

I put a guy away for a year when I 1st became a cop... He had a long history of D.V. but I really didn't think he did it this time...

To summarize, she claimed he held her down and cut her throat. When we found him, his statement was almost word for word, "She said I did it, so I must have did it. Lets go to jail and get it over with."

I tried getting more out of him but he wouldn't budge. Kept saying it wouldn't matter what he said.

All kinds of things that didn't make sense either... IE: He was right handed, but the cuts where on the right side of her neck, and they looked like hesitation marks big time! At first the weapon was an ax, but when that was nowhere to be found, it was a piece of broken glass.

If he fought it, he most likely would have walked based on my testimony alone, but in talking with him when he got out, he felt taking the deal saved him at least 3 years in.

BTW, she had 10 kids, all from different men, all taken away from her. After that, I hooked two more of her boyfriends, who really did smack her around... I think she was the aggressor and pushed the issue, but sometimes proving it is tough.

Quite a mess huh!

[billdeserthills]

One important thing I have learned the hard way is to lodge a complaint with the department immediately after getting out of jail. If this type thing escalates later & charges get filed it will place some doubt upon the prosecutor's case.

[SVT-40]

One important thing I have learned the hard way is to lodge a complaint with the department immediately after getting out of jail. If this type thing escalates later & charges get filed it will place some doubt upon the prosecutor's case.

Thats BS. Because the two are not linked. In order to have the your defense attorney even bring up your complaint requires a "pitches" motion which only occurs during trial. Even then the motion is very very rarely ever granted.

So making a false complaint which you clearly suggest is not the way to go. Additionally your lie about the complaint can come back to haunt you!!!!

Remember this is the LEO forum so advocating making false complaints just to minimize your own criminal actions will be looked up very harshly.

[Cactuscooler]

SVT40,

I appreciate your input, so far you have been knowledgeable and non-judgmental.

Moving on from the negative bs involved. For employment purposes what would you recommend somebody like me do? For example I know private employers have no right to ask you about this incident, only convictions. But I always seem to have to explain myself when I do livescans or anything involving a government background. Hence why I asked if it was uploaded to the NCIC.

I have a copy of the arrest report and the deputies portrayed my credibility as shot, i.e. " changed my story, he lied". I tried to unsuccessfully to file a 'petition for factual innocence' and by the time I became aware of the procedure, it was past the statue of limitations which is 3 years. I Know a purge or expungement wont happen with a domestic violence charge. I'm assuming they like to keep that on record as a ' liability' thing.

[matt510]

FWIW, charges were never filed against me. My ex-girlfriend found out I had a new girlfriend, tried to force her way into my house while I was eating dinner with my brother and friends, and left only when we threatened to call the police. The next morning as I left to go to work, I had a tactical LE team take me down HARD. I didnt resist obviously, Im a fireman and didnt even have a clue what it was about, thought it must be a mistake. The officers that arrested me kept saying they would love to **** me up, etc. I refused to make a statement, got bailed out by family and got a lawyer. When the detectives finally got around to doing an investigation, they found that my neighbors had witnessed her attempting to force her way in, and from there her story just fell apart completely. The DA didnt file charges and I was 10k poorer with an arrest on my record now for DV.

[matt510]

And I think I got taken down hard because my ex girlfriend told them that I was ex-military, although that is just me speculating at this point. I had no record and they knew I was a fireman, than again they did buy into her story personally. Apparently two of the officers that were involved were saying things in front of people that I know, in the vein of "I HOPE he resists, I wanna **** this guy up" the night before my arrest. I would like to believe that they really believed she was a victim, hence my earlier statement that it might be hard to be objective when a woman is claiming to be a victim.

[fullrearview]

FWIW, charges were never filed against me. My ex-girlfriend found out I had a new girlfriend, tried to force her way into my house while I was eating dinner with my brother and friends, and left only when we threatened to call the police. The next morning as I left to go to work, I had a tactical LE team take me down HARD. I didnt resist obviously, Im a fireman and didnt even have a clue what it was about, thought it must be a mistake. The officers that arrested me kept saying they would love to **** me up, etc. I refused to make a statement, got bailed out by family and got a lawyer. When the detectives finally got around to doing an investigation, they found that my neighbors had witnessed her attempting to force her way in, and from there her story just fell apart completely. The DA didnt file charges and I was 10k poorer with an arrest on my record now for DV.

I hope you sued her and pushed for them to file charges on her... 10 G's is quite a bit, but being a Firefighter, that arrest could have much worse effects.

[matt510]

I didnt, at that point I wanted nothing to do with any of them and needed to focus on moving forward with my life. Had I gotten in trouble at work for it, I would have 100%. I didnt get in any trouble whatsoever with my department. I looked into getting the arrest expunged, however it would have been extremely expensive. It took me over 6 months to get back my firearms that the officers took from my house, and I had to pay for the DOJ paperwork to boot. It was an extremely discouraging experience, and I just try to be philosophical about it.

[SVT-40]

SVT40,

I appreciate your input, so far you have been knowledgeable and non-judgmental.

Moving on from the negative bs involved. For employment purposes what would you recommend somebody like me do? For example I know private employers have no right to ask you about this incident, only convictions. But I always seem to have to explain myself when I do livescans or anything involving a government background. Hence why I asked if it was uploaded to the NCIC.

I have a copy of the arrest report and the deputies portrayed my credibility as shot, i.e. " changed my story, he lied". I tried to unsuccessfully to file a 'petition for factual innocence' and by the time I became aware of the procedure, it was past the statue of limitations which is 3 years. I Know a purge or expungement wont happen with a domestic violence charge. I'm assuming they like to keep that on record as a ' liability' thing.

Do you have the paper work which they gave you when you were released?

The relevant sections of the penal code are below. So depending when you were released a different code section would be used. I would have a copy of those papers to go along with the information related to the arrest. The important parts in bold.

As far as having the entry removed from your "raps" information.... Thats beyond me and my base of knowledge. I assume you have spoken with a reliable attorney regarding this matter? I say "reliable" because some less than reliable attorneys could take your $$$ with stories of "fixing" the issue and then fall way short.

Good luck!!!






849. (a) When an arrest is made without a warrant by a peace
officer or private person, the person arrested, if not otherwise
released, shall, without unnecessary delay, be taken before the
nearest or most accessible magistrate in the county in which the
offense is triable, and a complaint stating the charge against the
arrested person shall be laid before such magistrate.
(b) Any peace officer may release from custody, instead of taking
such person before a magistrate, any person arrested without a
warrant whenever:
(1) He or she is satisfied that there are insufficient grounds for
making a criminal complaint against the person arrested.
(2) The person arrested was arrested for intoxication only, and no
further proceedings are desirable.
(3) The person was arrested only for being under the influence of
a controlled substance or drug and such person is delivered to a
facility or hospital for treatment and no further proceedings are
desirable.
(c) Any record of arrest of a person released pursuant to
paragraphs (1) and (3) of subdivision (b) shall include a record of
release. Thereafter, such arrest shall not be deemed an arrest, but a
detention only.


849.5. In any case in which a person is arrested and released and
no accusatory pleading is filed charging him with an offense, any
record of arrest of the person shall include a record of release.
Thereafter, the arrest shall not be deemed an arrest, but a detention
only.