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Court can't provide copy of disposition
Posted: Thu Feb 18, 2016 12:13 pm
by Fluidic
So I'm finally able to apply for my LTC as of January this year after the 5 year wait. To make the process go faster I went to the court to get a certified copy of the disposition to send in with the application. When I got there they said they can't give me one because the non disclosure agreement is preventing them from accessing the document. My question is how will this affect the application? Won't DPS ask me to provide a copy and if so what am I supposed to do?
Re: Court can't provide copy of disposition
Posted: Thu Feb 18, 2016 1:41 pm
by Fluidic
Thanks for the tip. Called DPS after you said that and they confirmed that a letter stating the court can't access the documents would be fine. Thanks again.
Re: Court can't provide copy of disposition
Posted: Thu Feb 18, 2016 3:24 pm
by AJSully421
Anyone can go to the courthouse and have the court clerk run a check and provide a certified printout that no criminal cases were found against you.
I had some criminal ID theft years ago, and had to do this once to get an apartment.
Re: Court can't provide copy of disposition
Posted: Thu Feb 18, 2016 7:53 pm
by Fluidic
After talking with the criminal clerk (that's who they sent me to get a disposition) they told me that they can't give me a letter stating they are unable to access the information. I'm not quite sure what to do. All arrests listed require documents from the court is what the application says. If I don't submit the paperwork with the app will DPS contact me for them?
Re: Court can't provide copy of disposition
Posted: Thu Feb 18, 2016 8:12 pm
by loktite
So....you go to the court, you ask for the final disposition of an arrest that occurred on xx/xx/xxxx, and they can't type up a note that says "No records found" ?? Can they type something on County letterhead that says they "can't give you a letter stating they are unable to access the information?"
That's just sad. Perhaps there is a representative you can contact who can get this done for you? Perhaps it's worth one more shot to coax it out of them in person. Notate it on your application if that shot fails, and submit. It may slow you down, but perhaps by the time they get to criminal check, you might have gotten something back from your representative. *PERHAPS* that particular county is well known to DPS for failing to provide such records and it won't even be anything to worry about.
I'm going to have to call foul on excessive usage of the word 'perhaps' in the previous paragraph.
Re: Court can't provide copy of disposition
Posted: Thu Feb 18, 2016 8:19 pm
by Breny414
I think some folks have mentioned that the clerk prints the blank search page showing no records found and certifies it, and then that is sufficient for the purposes of your LTC.
Re: Court can't provide copy of disposition
Posted: Thu Feb 18, 2016 9:12 pm
by Fluidic
I left them my name and number and asked them to call me if they can figure anything out. When I asked them to do that she said, "We don't have a letter for that kind of thing." I guess it's just that hard to do. I am going to email the actual county clerk and see if there is anything she can do. I'll give it one more shot in person in a few weeks (class is set for late March) and if nothing comes up I'll just have to notate like y'all said. Thanks for all the input!
Re: Court can't provide copy of disposition
Posted: Thu Feb 18, 2016 9:33 pm
by dac1842
The other issue is perhaps you are going to the wrong jurisdiction. If it was a misdemeanor the County Clerk should have the records, if it is a Felony then go to the District Clerk.
In some counties the District Clerk handles both.
Re: Court can't provide copy of disposition
Posted: Thu Feb 18, 2016 9:39 pm
by Fluidic
dac1842 wrote:The other issue is perhaps you are going to the wrong jurisdiction. If it was a misdemeanor the County Clerk should have the records, if it is a Felony then go to the District Clerk.
In some counties the District Clerk handles both.
Well when I gave them the case # they were able to see the case. When they tried to open the files to print the disposition it wouldn't allow them to because it is under a non disclosed agreement.
Re: Court can't provide copy of disposition
Posted: Fri Feb 19, 2016 10:52 am
by WildBill
Fluidic wrote:dac1842 wrote:The other issue is perhaps you are going to the wrong jurisdiction. If it was a misdemeanor the County Clerk should have the records, if it is a Felony then go to the District Clerk.
In some counties the District Clerk handles both.
Well when I gave them the case # they were able to see the case. When they tried to open the files to print the disposition it wouldn't allow them to because it is under a non disclosed agreement.
Are you saying "sealed" or something else?
Re: Court can't provide copy of disposition
Posted: Fri Feb 19, 2016 11:38 pm
by Fluidic
WildBill wrote:Fluidic wrote:dac1842 wrote:The other issue is perhaps you are going to the wrong jurisdiction. If it was a misdemeanor the County Clerk should have the records, if it is a Felony then go to the District Clerk.
In some counties the District Clerk handles both.
Well when I gave them the case # they were able to see the case. When they tried to open the files to print the disposition it wouldn't allow them to because it is under a non disclosed agreement.
Are you saying "sealed" or something else?
Yes. I guess saying sealed would be easier but my lawyer said non disclosure so that's what I've also been saying haha. Anyways I got a call today and it seems the woman I spoke with had also emailed the clerk to see if there was anything they could do. She said they couldn't write a letter but they printed out a search (shows name, case #, disposition date, and that it is sealed) and certified it for me. I'm confident this will be enough for the DPS but if it's not then I guess there's nothing more I can do. Thanks again for all the responses.
Re: Court can't provide copy of disposition
Posted: Sat Feb 20, 2016 8:19 am
by casp625
If it's sealed, you wouldn't have had to wait the 5 years, BTW.
Re: Court can't provide copy of disposition
Posted: Sat Feb 20, 2016 9:50 pm
by Fluidic
casp625 wrote:If it's sealed, you wouldn't have had to wait the 5 years, BTW.
I believe that only applies if the case is expunged. Mine wasn't expunged just sealed.