written by: joshua kim - amazon web services...step 1 — how to read a doj rap sheet if you...

Reentry Legal Clinic

How to read a DOJ rap sheetHow do you obtain a DOJ rap sheet? And once you do, how do you make sense of it?

Written By: Joshua Kim

How to read a DOJ rap sheet Draft: 2012-08-20Guide ID: 1 -

This document was generated on 2019-09-17 03:44:25 PM (MST).

© 2019 reentrylegalclinic.dozuki.com/ of 9

INTRODUCTION

A rap sheet from the California Department of Justice ("DOJ") is one of the most comprehensivecollections of one's California criminal records. (Non-California records are usually not included onthe DOJ rap sheet.) At the same time, the information contained in it is also minimal--barely enoughto fill out a petition for dismissal. Of particular problem is that it generally does not contain muchpost-sentencing information, including compliance with probation terms and conditions.

Regardless, a DOJ rap sheet can be a useful source for information necessary to fill out dismissalpetitions, especially if the individual has:

1. a large number of convictions;2. old records (predating computerization of court records in the 1990's); and/or3. records from multiple counties.




http://law.onecle.com/california/penal/11105.html

Step 1 — How to read a DOJ rap sheet

If you don't already have a copy ofDOJ rap sheet, obtain one via LiveScan.

If you're the subject of the rapsheet, you're authorized to obtainyour own rap sheet from the DOJ.See Cal. Pen. C. § 11105(b)(12).

The California Attorney General's("AG") website has detailedinformation on how to obtain yourown DOJ rap sheet.

The only piece of information notavailable on the AG's website isthat you can waive the DOJ's partof the fee ($25). You qualify for afee waiver if you are "indigent"(defined as receiving publicbenefit, such as CalWORKs, foodstamp, MediCal, or evenunemployment insurance).




http://oag.ca.gov/fingerprints

http://law.onecle.com/california/penal/11105.html

http://oag.ca.gov/fingerprints/security

Step 2

A DOJ rap sheet is "mile wide and inch deep ." While it is comprehensive, it rarely has anyinformation about what happens after sentencing.

See the first image. you can see that the person here was granted 24 months of probation ("24MONTHS PROBATION") with various terms and conditions. But did she comply with those termsand conditions? The DOJ rap sheet is silent.

Her probation terms and conditions include: 3 DAYS JAIL, paying fine or spending additional 3days in jail in lieu of fine ("3 DAYS JAIL OR FINE"), and restitution ("RESTN"). In granting herprobation, the court suspended imposition of sentence ("IMP SEN SS").

As a point of comparison, check out the second image, which is from a court record for thesame case (from Los Angeles Superior Court) concerning sentencing in this case. It has a lotmore verbiage and contains the same information as the entry on the DOJ rap sheet does.

But the court record shows more. Specifically, the third image shows that the defendant failedto pay fines as ordered by the court, and it went to collection—information that's missing fromthe DOJ rap sheet.

It may be possible to reconstruct such information from memory--if the case was recent andisolated.

If memory doesn't help, official court records might. See the guide on reading Los Angeles courtrecords for more information on how to obtain and read court records.

As you can see from the image, a DOJ rap sheet includes a lot of abbreviations. Don't worry.You will soon learn how to read the most relevant abbreviations.




https://reentrylegalclinic.dozuki.com/Guide/How+to+read+records+from+the+Los+Angeles+Superior+Court/2

Step 3

The DOJ rap sheet is composed of two (2) main components: the subject's personal identifyinginformation and various events associated with him/her.

The personal identifying information always appears on the first page and includes: CII(Criminal Investigation & Identification) and CDL (California Driver's License). Here, you will alsofind all "aliases" (including misspelled names) associated with each event.

Each "event" is a separate entry, with the exception of an arrest when a charge is filed in court. Inthat case, both the arrest by the arresting agency and the disposition from the court are groupedtogether as a single "event."

Each event is demarcated by four aterisks (" *"). And, in case of an arrest resulting in a charge,the arresting agency's entry is separated from the court's entry by four dashes ("—"). See thesecond image.

An event is recorded when the subject is fingerprinted and the fingerprint is sent to the DOJ.Examples: arrest (either initial arrest or on a bench warrant), custody (commitment to eitherprison or jail), licensing, and request for criminal record exemption from Dep't of SocialServices.

For the purpose of filling out a petition for dismissal, pay attention to all arrest and custodyevents. Arrest may lead to a conviction eligible for dismissal under 1203.4, while custodycommitment to prison will show it to be ineligible.




Step 4

Let's decipher an arrest event.

As previously mentioned, an arrestevent can include an entry from thecourt. Sometimes, however, nocharge is filed. Here's an example ofone without a charge in court.

The entry shows an arrest byCalifornia Police Department LosAngeles ("CAPD LOSANGELES"), on Nov. 12, 1988("1988-11-12") for a suspectedviolation of Health & Safety Code("HS")section 11364. Theredacted arrest number is nextto CNT:01 and reads #14***72.

The final disposition ("DISPO")was a release by the prosecutor("PROS REL")—which meansthat the arrest was only adetention ("DET ONLY")—for lackof sufficient evidence ("LACK OFSUFF EVID"). In other words, theprosecutor didn't file a charge,because there wasn't enoughevidence.




Step 5

Here is an event where the initialarrest is followed by a court entryshowing charge and disposition.

The arrest was effectuated by theCalifornia Police Department LosAngeles ("CAPD LOSANGELES") on October 1, 1987("19871001") for a suspectedviolation of Penal Code ("PC")section 484(a).

The entry following the arrestentry is by the CaliforniaMunicipal Court ("CAMC") in LosAngeles County at MetroCourthouse ("LOS ANGELESMETRO"). The all-important casenumber is found next to CNT:01and reads #87M***.

Under the first count ("CNT:01"),the defendant was charged with aviolation of Penal Code ("PC")section 484(a). On November 10,1987 ("19871110"), the courtconvicted her ("DISPO:CONVICTED") of a misdemeanor("CONV STATUS:MISDEMEANOR"), andsentenced ("SEN:") her to 30days in jail--no probation.




Step 6

A "custody" is a separate event,although it refers back to thearrest/court event that results in thecustody commitment.

As you can see from the attachedimage, such an entry starts withCUSTODY heading, which, in thiscase, shows that CaliforniaDepartment of Corrections andRehabilitation ("CDC") took hercustody on August 29, 1996("19960829").

On the first comment section("COM:"), there is a reference tothe previous case, BA***46. Thecase entry for BA***46 happensto be right above the commitmententry—which, as previouslydiscussed, is demarcated by fourasterisks ("*").

For the purpose of filling out apetition for dismissal, these custodyevents are only relevant todetermine the eligibility of theunderlying conviction for dismissal.Rule of thumb: if the case ends upwith the person serving time inprison, it can't be dismissed!




Step 7

For the purpose of filling out apetition for dismissal (CR-180), theDOJ rap sheet can provideinsufficient information.(Remember, mile wide, inch deep.)

What you may not be able to obtainfrom the rap sheet is how well thedefendant did on complying withterms and conditions of aprobation, if given.

From the DOJ rap sheet, you canobtain the following informationnecessary to fill out a CR-180: casenumber, the defendant's name, thecourt of conviction, the offense(s)of which the defendant wasconvicted, the date ofconviction/sentencing, and thesentence imposed (and executed).




written by: joshua kim - amazon web services...step 1 — how to read a doj rap sheet if you...

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