Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Criminal Law (https://www.askmehelpdesk.com/forumdisplay.php?f=407)
-   -   How to have a minor arrest/conviction purged from NCIC (https://www.askmehelpdesk.com/showthread.php?t=249943)

  • Aug 17, 2008, 06:48 PM
    bobhedges
    How to have a minor arrest/conviction purged from NCIC
    In 1962 while in the Army at Fort Knox I was arrest for Breach of Peace and fined $25 by the Louisville, KY courts. I was told that the arrest/conviction would be removed from my record.

    In July, 2008 (44 years later) I was stopped from entering Canada because of the arrest and conviction in Kentucky in 1962. This is the only arrest in my 66 year of life.

    Because the record from NCIC to the immigration office in Calgary was almost totally in code ( the record said I was convicted of B of P which the Canadian officer did not know what it meant) I was almost not allowed in Canada. I waited for 4 hours until the border officer allowed me to enter into Canada.

    When I asked about my record, the border officer said I should contact the NCIC. Here are my questions:

    Is it possible to have that record truly removed from the files at NCIC and how?

    If not, how do I get my record from Kentucky (with a raised seal) so I can show the actual and full report to the next border officer?

    Would love to hear from someone who know the true answers.

    Bob
  • Aug 17, 2008, 07:38 PM
    Diane Carol
    Bob, it would seem that such a minor crime so long ago would have been already purged by the F.B.I. and/or the N.C.I.C... the National Crime Information Center in Washington, D.C.
    You can write directly to this agency asking that your file be available to you---you will have to obtain a request from a local police agency, but your file is there for you to scan if you wish.

    Write to National Crime Information Center
    J. Edger Hoover Building
    10 and Pennsylvania Avenue,
    Washington, D.C... 20535

    It seems to me they would have records showing your arrest and if fingerprinted, would have your name on file... even 44 years evidently is not too long and could, if further searches of crimes committed by you since this arrest, could purge your record at that time. It seem spretty silly why the record wasn't purged at the time of the search by the Kentucky authorities when contacted with the F.B,I.

    If your record is as clean as you say it is, then I can see no problem of getting ithe record cleared away.


    You might get in touch with your congressman, your Senator, or other official that can bear testament to your good citizenship.

    Good luck!
  • Aug 17, 2008, 08:00 PM
    Fr_Chuck
    No crime is ever just erased or deleted from NCIC without some court order, it will remain there forever.

    Also in fact they are never actually deleted, merely marked and filed as explunged or even pardoned is that happened.

    Explunged records are not public but are shown only for national security issues and for police record checks for law enforcement only.

    You can hire an attorney and make a motion to explunged your record but that is about the limit of what you can do
  • Mar 15, 2010, 06:44 PM
    Commander-Bond
    He's right! Your record is NEVER erased or deleted, just filed away under law pertaining to the privacy of it in its final determination and/or order. You can have it expunged! You will need an attorney to do this. It's a form that they can obtain from the courts, county level superior court, and in some cases yourself, but it's best to pay the couple hundred dollars for an attorney to sign their name, gives more credibility since they themselves are officers of the court and are asking on your behalf, gives the judge more willingness to expunge it. It then gets sent to the county clerk for reference and then they do another search on you, find nothing, the results get put on the court docket calendar and then the judge will expunge it. You or your attorney does not have to be there, you will get a letter in the mail. Good luck.

  • All times are GMT -7. The time now is 03:25 PM.