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JVS Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-09-11 11:15 AM
Original message
A legal question
Edited on Wed Nov-09-11 11:16 AM by JVS
If the police investigate someone but then decide not to prosecute, is their investigation part of the public record? Who has access to the information in it? Is it filed away for later use if needed, or is it like nothing ever happened?

Also, do the rules change if it's police, social services, the IRS, etc?
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daleanime Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-09-11 11:19 AM
Response to Original message
1. Kick for curiosity.
:hide:
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HopeHoops Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-09-11 11:21 AM
Response to Original message
2. As far as I know, unless you are arrested or charged (but not necessarily both) it is not public.
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sinkingfeeling Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-09-11 11:25 AM
Response to Original message
3. It is not public. If the investigation didn't lead to the filing of charges at this time, it can
remain open, but inactive, for decades. Look at several murders that weren't proven until DNA came along.
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safeinOhio Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-09-11 12:07 PM
Response to Original message
4. FOIA request.
Worked for me when I found out my ex started an investigation of me. Got to read all the reports. I took copies to those she mentioned in her report and low and behold she filed an amended report with in a week. By the way, she was a cop.
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JVS Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-09-11 03:22 PM
Response to Reply #4
5. Is FOIA applicable to finding out what has been found out in an investigation of someone else?
Could you find out if your neighbor has been investigated and what the info was?
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safeinOhio Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-09-11 03:43 PM
Response to Reply #5
6. You might have to have
some kind of skin in the game. I had to give reasons to get the FOIA. I know the press gets them all of the time. The only public record on a neighbor would be arrest and court actions.
I did get a copy of the complaint that was filed and the results of the investigation of that report.
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