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Ask TexCrimLawyer, J.D. Your Own Question
TexCrimLawyer, J.D.
TexCrimLawyer, J.D., Lawyer
Category: Criminal Law
Satisfied Customers: 4779
Experience:  Experienced in state and federal criminal litigation.
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If someone filed a criminal complaint for statutory rape 15

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If someone filed a criminal complaint for statutory rape 15 years ago, but the charges were dropped, would there still be a record of that filing now? How do I go about finding that record?

TexCrimLawyer, J.D. :

Was the person ever arrested?

Customer:

no - the report was filed by the parent and the girl refused to testify against the man

TexCrimLawyer, J.D. :

Other than the police report, there is no record created.

TexCrimLawyer, J.D. :

There would not be anything available if someone did a background check on you.

TexCrimLawyer, J.D. :

Only arrest and the court process is available as part of a person's criminal history.

TexCrimLawyer, J.D. :

The fact that a complaint was made is only kept by the police department.

Customer:

would the police department still have a record of the report? I really need to be able to dig up this report if at all possible.

Customer:

I did one of those internet background reports and did not find it. But i did not go to the city/county and microfish anything

TexCrimLawyer, J.D. :

The police department should have kept a copy of the report. If you want to find our for sure you can make an open records request to the police department and ask for it.

Customer:

do police departments destroy records after a certain amount of time or do they simply file them away - I forgot what it is called.

Customer:

archives

TexCrimLawyer, J.D. :

It really depends on the policies of each department. In my experience, records are usually destroyed after 10 years if no action was taken, but each department can have its own records retention policies.

Customer:

so do I go to the department and ask to see the microfilms or do I fill out paperwork or what? I know approximately what month in 97.

Customer:

hope my luck is with me and they have archived it

TexCrimLawyer, J.D. :

Call the police department first and ask about their open records act procedures. Each department should have a contact person for open records act questions. They will be able to point you to their forms and procedures.

Customer:

thanks so much. will do

TexCrimLawyer, J.D. :

Glad to help. Can I do anything else for you?

Customer:

not for the moment. maybe after i check records.

TexCrimLawyer, J.D. :

OK. If you want to direct questions to me in the future, you can do so by putting "this question is for TexCrimLawyer" in the title. If I can't do anything else for you right now, remember to rate my answer.

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