Originally Posted by
nrdk
Anyone want to play armchair lawyer for me?
Yes, I realize soliciting advice/opinions on FT isn't a great resource, however a second opinion is never a bad thing in my mind.
I always tend to get a little worried sending anything before a judge, and after my GE interview I have a need to obtain a certified copy of an expunged/sealed charge from a few years back showing the disposition of the charges. Without a judges approval, the Clerk of Court can't open/obtain a copy of the disposition to certify.
Unfortunately the CBPO was unwilling to accept the copy of the disposition I had on me, as it wasn't certified.
What I have so far:
I was initially interviewed in January 2014 for GE. I knew that I had one misdemeanor on my record from the early '70s, but a second one that I was pretty sure had been dismissed post conviction (CA 1203.4) was still on my record. I was given 30 days to come up with some kind of final disposition document, but the best I could do was information from a phone call to the CA Department of Justice who gave me the date of the dismissal (1974) and told me it had probably not been sent to the FBI. They told me they would forward it to the FBI and that I should tell DHS to rerun my background check in 48 hours. I forwarded this info to the DHS office who interviewed me, but did not hear back. Meanwhile I attempted to find a paper record of the dismissal to no avail. After 30 days I was rejected. I sent all the documentation and information I did have to the ombudsman and eight months later I was again conditionally approved. I had an interview last week and yesterday was informed that I had been approved.
My take-away from all of this is that even if you are initially rejected there is some hope of the ombudsman process working.