Q: A DV charge reported to the state of California yet no charges were filed and I never went to court. How do I fix it?
I want to work at the boys and girls club.
A:
We need more people like you! Thank you for wanting to work with B&G's Club! Here's the best that you can do to maximize your privacy and navigate the screening laws for volunteer work:
(1) Make sure that your charges WILL NOT be filed through he District Attorney's office. Many Domestic Violence cases do not get filed within the magical 5 day arraignment schedule because they don't warrant immediate filing. But if the DA's office is still contemplating bringing a formal complaint (either misdemeanor or felony), then the case is still technically "active" and can be filed.
(2) If the DA's office provides you with a status letter that they have chosen NOT to file, you must keep this letter because you will be asked by the Boys and Girls club what the status of your DV case is. Your letter answers that question. You should be good to go at this point. But if you want to maximize your privacy, go to step 3.
(3) File a petition to seal the arrest through he agency that arrested you and the court that would have filed the case. If the arrest was within 1 year of today, you may have to go to a hearing to show you have a significant need to seal the arrest. If granted, this will cause the DOJ of CA to update their own records to reflect the non-filing status and the Order to seal the case.
(4) Keep in mind that even after going through step 3 above, some licensing agencies, employers, and volunteer centers like B&G's club may still have some access to the existence of your arrest. Which is why you need to get the non-filing status letter from the DA's office in Step 2 to show anyone in the future that the arrest didn't lead to formal charges and that you effectively sealed the arrest as well.
A: If you have a DV charge reported to the state of California but no charges were filed, and you never went to court, you should consider obtaining a copy of your criminal record to verify the information. If the record contains inaccurate or incomplete information, you can take steps to correct it by contacting the appropriate law enforcement agency and providing them with the necessary documentation to update your record. It's recommended to consult with an attorney to guide you through this process in accordance with California law.
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