What is a Disposition Letter
When someone is arrested or charged with a criminal offense in Nebraska, his or her case is filed with the court system and a case number is assigned. Once the court process is complete (i.e. a conviction, dismissal, diversion, or not guilty finding occurs) the police, sheriff, or jailer no longer has the authority to have that person arrested or charged with the same crime over the same facts. After a period of time, the court, police, sheriff, and jailer need proof that the case is completed. A disposition letter is used for this purpose.
A disposition letter will usually be a simple letter addressed to the arresting agency or jail from the attorney that resolved the case. The disposition letter will typically say something like: In the matter of State of Nebraska vs. Jane Doe, case number PR 123456, Jane Doe pled no contest to 3rd degree assault. The case was opened on January 1, 2014. The last appearance was on January 1, 2015 when Jane Doe was sentenced . The case is now closed. If asked, the parole board, sheriff’s office, or police department may verify the information in the letter by contacting the Nebraska State Court System.
A disposition letter is not always necessary. There is quite often a significant amount of time between the date of the conviction and when a person is applying for a job requiring a disposition letter. In this case, the arresting agency will find open and active cases with your name on the records. As a result, the agency may remove you from wanting to arrest you or open an investigation into your past offenses. Some careers, such as law enforcement, require a disposition letter from the arresting agency so that the relevant facts are clear.
Whether you are required to produce a disposition letter is often not at your discretion. Convicted felons will most likely have the need for a disposition letter in order to apply for a professional license, housing license, or some other government benefit.
How to Obtain a Disposition Letter
Depending on what state you reside in, you may need to fill out the proper form to request the required information for a disposition letter. You can contact the court in your area to obtain instructions on how to go about this process. You can also visit the official website for your local court to learn more about requesting this type of information. When filling out a specific form to obtain information on the disposition of charges, you may need to provide some or all of the following information: Applicant/Defendant (registrant) name, any other name(s) (aliases), date of birth (DOB), and social security number (SSN), as well as the date of the arrest, police department where the arrest was performed, the court that handled the case, and the date when the case came to an end. As with most official forms, be sure to fill it out properly and completely before submitting it to your courthouse or the proper authority. If you’re worried that fees will prohibit you from obtaining a letter of disposition, you may be able to obtain one for free. You can typically obtain a copy of a letter of disposition from the courthouse by simply asking for one. This is especially true if you’re the one charged with a crime, or the one who posted bail for someone being released from jail. If the necessary information is available at the courthouse, it’s a good chance that you’ll be able to request it for free without paying any associated costs. Be aware that fees associated with various legal forms sometimes depend on the state and the type of documents you’re requesting. Some jurisdictions do charge fees, but most of the time the fees associated with ordering a letter of disposition for a closed case are relatively inexpensive. A common fee is $15 for requesting copies of court records. However, some jurisdictions allow you the opportunity to get copies of certain public records for free. If you’re concerned about any fees, you should consult with a clerk before sending the forms you’ve filled out to the courthouse. While every state differs in how they determine or grant access to information surrounding the disposition of charges, you should do your best to follow this process exactly. When in doubt or if you do have questions about the process, do your research. The clerk’s office or courthouse should be able to answer any questions you have regarding how to obtain a letter of disposition for a closed case.
Where Should the Request go
For individuals looking to obtain a disposition letter, this is something that you will need to request from the court, and there are certain courts that the request must be submitted to in order to get the information you need. Specifically, if you are trying to get a disposition letter in a criminal case, persons will get these criminal records from the Criminal / Traffic division of the Circuit Court which is located at 600 9th St SE, 3rd floor, Cedar Rapids, Iowa. If you are looking to have a civil case (includes cases such as collections, evictions, forcible entry and detainer, ejectment actions, foreclosures, quiet title proceedings, and probate/guardianship matters), then the following divisions are the places in which such requests should be submitted to: Collections Division; Family Law Division; Law Division; Probate Division; Juvenile Division.
If you are looking for civil dispositions or criminal dispositions, then you will need to fill out a specific request form that includes the case number and may also require other relevant information such as: date of birth, address, phone number, and your signature.
How Long Will it Take
The amount of time it takes for a disposition letter to be issued depends on the type of violation, the court system and the program under which you were adjudicated. Judges sometimes place an order that prohibits the issuance of a disposition letter until the entire waiting period is completed. This waiting period is set forth in Indiana Code § 35-38-1-31.
Your personal history can also affect how long it takes to receive your letter. In most cases , an applicant with more than three felony convictions or four felony convictions, or a combination of convictions, is prohibited from getting a disposition letter. For example, if you have pending charges you may find the waiting time for a disposition letter to be longer than expected. Disposition letters cannot be issued until the requirements of Indiana Code § 35-38-1-31 are satisfied, i.e. the waiting period runs with no pending charges.
Frequently Seen Problems and Solutions
One of the most common problems individuals run into when applying for a disposition letter is the wrong court address or document provided. Having the wrong court address will result in the application being returned, and then you will have to start the process all over again, wasting both time and money. When you are collecting the information needed for your application, be sure that the court addresses are updated. Additionally, forgetting the 10-digit case number for your citation will also result in rejection. Since minor traffic tickets have different court locations, the court needs to know which one it will be sending your request to. Finally, be sure that you have signed the waiver because not signing the waiver will also result in rejection. The best way to avoid any of these issues is to simply make sure you pay extra attention to detail when completing the petition and confirm you have all correct and up-to-date information before submission.
Using a Disposition Letter
When you have obtained a disposition letter, the uses for it are plentiful. Regarding a court date, there is an expiration date and a conclusion to a case when a disposition letter is issued. While it may not be available the day a defendant wishes to show that a case is over, the time it takes to request a copy of the letter is often considerably less than the time it takes to wait for a response to a request for an expungement or a pardon, which can take months.
Another use is for employment . Many employers conduct background checks, and a thorough background check includes documentation on the status of the court case you are inquiring about when hiring an individual. The same is true of a private investigator who is used to perform the background check. This is not always a positive situation for the individual seeking employment.
Finally, a disposition letter can be used to close personal files. When you have an open case, there is a file that sits open to be referred to regarding the developments of a case. Once a disposition letter is received, you can close the file and prevent unrelated cases from mixing up with open cases.