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Iowa Dept of Corrections show me as a ex-INMATE & i've NEVER even been incarcerated!

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  • Iowa Dept of Corrections show me as a ex-INMATE & i've NEVER even been incarcerated!

    Hi,

    I was apartment hunting and submitted an application to the rental office for an apartment I wanted to rent, however, I was denied because my criminal background check showed I was an ex-offender and inmate at the Iowa state Department of Corrections back in 1994 complete with a prison ID number (which they show as my "Offender Number" along with the label as "Inmate" on the background check documents) and I have never even been incarcerated! Not even in the County Jail, let alone STATE PRISON!

    When the rental agent told me this I thought there must be some kind of mistake so I went to their website, clicked on "Offender Look-Up", typed in my name and clicked the search button and sure enough! The search results turn up listing me as an ex-inmate!

    I clicked on my name and it says "OFFENDER NAME:" and my name is listed! Below that, it says, "OFFENDER NUMBER:" and sure enough I have an inmate ID number! Under that it says, "RELEASE DATE:" and it says "July 1994" Under that it says, "SUPERVISION STATUS:" and it says Probation, and under that it says "CHARGES:" but doesn't list any charges at all! all it says is, "Misdemeanor"

    Now, correct me if I'm wrong, but don't you have to be charged with a FELONY in order to be sent to State Prison???? I thought those incarcerated on misdemeanor charges were housed in the CITY or COUNTY JAILS ???

    But I have never been to either Iowa State Prison NOR any City or County jail in Iowa in my life!!! I immediately called the Iowa Dept of Corrections and demanded an explanation and demanded they take my name out of their database but they refused!

    I did, however, find out WHY my name turns UP in their database, which is because the Iowa Dept of Corrections oversees the State's Probation Dept Records, both supervised and UNSUPERVISED probationers! whether active or inactive, whether felony or misdemeanor, they are handled by and filed by the Iowa Dept of Corrections!




    Now DIG THIS! I sued 7-11 Stores back in 1994 when I was going to college in Iowa, because the store clerk was using profanity towards me and my boyfriend, calling us derogatory cuss words (A-holes) and refusing to accept a $20 bill to pay for our sodas and my boyfriends cigarettes, saying she didn't have change & pointed to a sign on the door that said "We cannot except bills larger than $20 after 9pm", when I pointed out to her that the sign said "LARGER" than a $20, she got angry and insisted she didn't have change and therefore refused to accept it. Since all we had were twenty dollar bills, we went out to the car and scrounged up enough change to pay for the beverages and cigs but when we came back in to try to pay with our change she got even angrier and refused to accept it as payment! she started yelling at us, calling us A-holes, saying she wasn't going to sit there counting change all night and told us to leave and take our change somewhere else! It was humiliating to say the least, so I demanded to speak to the manager and of course she said there was no manager there to speak to, that they had already left for the day so I demanded she get one of the phone and told her I wasn't leaving until she did!

    So she picked up the phone and called the manager and put them on the phone. I started explaining the store clerk's behavior to him and when I got to the part about her calling us A-holes, she lunged over the counter and grabbed at the phone and tried to snatch it out of my hand! but I wouldn't let go of it, i was in the middle of a conversation with the manager for god's sakes! WHAT is wrong with this woman? is what went through my mind at the time! then a sort of "tug of war" with the phone ensued and somehow, with me still holding onto it, she managed to hit me in the face with the receiver! which caused the spiral phone cord to become disconnected from the phone which I was still holding onto in an attempt to finish telling the manager what this clerk was doing! After the cord became disconnected and ultimately, the call disconnected as a result, she finally let go of it, leaving just the receiver in my hand with nobody on the other end, and of course, leaving me stunned, and understandably so.

    Initially, upon being struck in the face with this thing, I began seeing stars and was a little dazed, but upon realizing what had just happened, instead of hitting her back, which my initial reaction was wanting me to do, i quickly went from seeing stars to seeing dollar signs and realized I had a lawsuit and didn't want to jeopardize that by hitting her back! I thought quick enough to realize I would probably need the weapon she assaulted me with as evidence and since I had the weapon/evidence in my hand with her no longer trying to pry it away from me, I told her I was calling the police and pressing charges and left the store with the phone receiver, got in our vehicle and immediately drove home which was two blocks away and called the police (back in 94, we didn't have cell phones like we do today so I couldn't remain at the scene and call/wait for the police to arrive).

    Apparently, there was a payphone outside the store, which I didn't see and don't think I bothered looking for, I was so upset, I just wanted to hurry up and get home and call the police and have this woman arrested! I was shocked by what just took place and wanted justice! I probably wasn't thinking clearly cuz heck, I was just struck in the face with a hard and heavy telephone receiver, I doubt anybody's judgement would've been crystal clear at that moment!

    While I was calling the police from home, she was calling them from the payphone outside and had gotten my license plate number and had reported me for taking the store's phone receiver! (I had California license plates on my vehicle with no intention of registering my vehicle in Iowa because I was not considered a resident since I was just there to go to college one year, so I was not required to do so, so they wouldn't have located me by my license plate, not in Iowa anyway)

    Simultaneously, the police departments 911 operators were getting a call from me, reporting I had just been hit in the face with a telephone receiver at 7-11 by the clerk and with a little police work, they didn't need a detective to figure out I was the person the clerk was reporting as "stealing" their phone receiver and after summoning the police to my house to file a report they figured they would kill two birds with one stone and cite me for "theft" of store property! (not shoplifting merchandise) The police advised me that they had to confiscate the "evidence" (the phone receiver) and return it back to the store because they needed it to conduct their business but I was extremely reluctant to hand it over because then I would have no evidence of the weapon, or so at least I thought. (I didn't think to realize at the time that the surveillance video would have served the same purpose)

    I was NOT arrested, I was simply given a citation to appear in court at the same time I was filing a report for assault on the 7-11 clerk. I appeared in court, explained what had happened, advised the judge there was a pending lawsuit and the reason I had taken the phone receiver was to preserve the evidence to support my case for a lawsuit. I was given 6 months unsupervised probation and within 3 months (because I had retained an attorney the very next day) I negotiated a settlement with 7-11's lawyer and the only way I agreed to accept their offer was if they agreed to pay the medical bills I accrued as a result of my injury caused by the 7-11 clerk, which was infra-orbital nerve damage to the left side of my face which required me to travel to Omaha Nebraska to see a specialist whom I received injections from in order to stop the left side of my face from sinking in, which it had begun to do, along with them petitioning the court to set aside my conviction for theft and to terminate my probation early and allow me to leave the state permanently because I wanted to move back to California, which they agreed to do and although the Judge denied the request to set aside the conviction, he did terminate the unsupervised probation after only 3 months and granted me permission to leave the state to move back to California so I collected the cash settlement that 7-11 paid me and moved back home where I lived with my mom initially, until I could find an apartment, and this is the obstacle I now face- and have been facing all these years: being denied tenancy (and employment!) because a background check reveals I have been to prison in Iowa!

    I have been given copies of the background checks and on these reports it shows my name and date of birth listed as an ex-offender with the Iowa Dept of Corrections and an Offender Number, Release Date, and charges listed as "misdemeanor" but no actual charge is cited, such as "theft" or "theft of store property" however, on other background checks it comes back as "Theft/Burglary" and "Theft in the 5th Degree" along with the word "inmate" after my name in parenthesis: Jane Doe (inmate).

    The actual charges and the label, "inmate" or (inmate) rather, appear only on the background checks and not on the Dept of Corrections website when my name is run and appears in the Inmate Lookup Search Results, there, it lists me as an "Offender" with an "Offender Number" and Release Date and only disclosing the charges as "Misdemeanor" but still, anyone who were to do a search of my name on the Iowa Dept of Corrections website would no doubt believe I was actually in prison there, there is no indication otherwise, except that my charges are listed as a Misdemeanor but when I tried to explain this to a prospective landlord, she said for all she knows I could have initially been arrested on a Felony charge, went to prison, got released on probation, successfully completed the term of my probation and got it reduced to a misdemeanor! I explained that it doesn't work that way, you only are afforded the opportunity to reduce an undesignated felony to a misdemeanor BEFORE you go to prison and that it would take violating probation to go to prison which then designates it a felony and you can't earn the privilege of reducing it to a misdemeanor! My main debate on this is that, you can't be sent to prison on a misdemeanor charge, only county jail, so that should prove I wasn't in prison!

    All prospective landlords have told me when this comes up on a background check, there is no disputing it or challenging it, they have to take it for what it says on the report and the report says I was an INMATE! To convey what they mean by this, one compared it to wanting to finance a new car from an automobile dealer (say they are playing the landlord role and the automobile I am wanting to be approved for represents the apartment I want to rent)

    Now, just like the background check is done for the apartment I am wanting to lease, a credit report is done to check my credit worthiness for the car I am wanting to lease. If my credit report comes back with derogatory information on it such as a loan I defaulted on or comparable to an ex-offender at the state prison, a Bankruptcy filed in the last 7 years shows up, I am automatically denied financing for the vehicle I want because of what's on my credit report and the dealer (landlord) cannot dispute that information nor can I dispute it with him... I cannot say, "hey! I paid that off in full! I don't know why it's showing up that I defaulted on it!" or "that Bankruptcy is over 20 yrs old! it shouldn't be showing up still!" call them and they will tell you it was paid off, or call them and they will verify it was over 20 yrs ago! it doesn't work that way...

    I would have to independently file a dispute with the creditor or the CRA (Credit Reporting Agency) and they would do an investigation as to the validity of the debt, but never would the auto dealer call the creditor and verify the accuracy of the information furnished on a credit report and even if he did, it's still not going to get me approved because that credit report speaks for itself, it shows I am unworthy to be given an auto loan for a new car because my past indicates I can't be trusted to pay it back so instead of getting a nice new car, I get stuck having to drive a run down piece of junk c that's falling apart and unreliable... SAME goes for this background check... the landlord can't call the prison and verify with them that I wasn't really an inmate, they have to go by what it says on the background check! so I am not able to rent a nice apartment because of what is showing up on my background check! instead, i only qualify to rent a place that is a dump and falling apart that's in a bad neighborhood on the rough side of town where it's unsafe like a lemon of a car is unreliable or unsafe to drive all because a report shows a history of unworthiness and that I can't be trusted to pay the price of something nicer! and THAT is SO unfair when it's UNTRUE!

    WHY should I have to settle for being labeled as an ex-con, ex-offender, ex-inmate and have to live as if I were a felon when i am NOT and have NEVER been to prison? If I have to be looked down upon as if I AM then what's the incentive for NOT committing a felony? I may as well have went ahead and committed robbery or burglary and actually EARNED that title if I am going to be treated no different than if i DID commit such an offense! and that is EXACTLY what the Iowa Dept of Corrections is forcing me to do because I have contacted them and requested that they remove me or clarify that I was not an inmate and they refuse to do that! they said they cannot do such a thing and that they will not remove it!

    They said to have the landlord call them and they will tell them that I have never been an inmate or have felony charges but just like the auto dealer won't call the creditor for the loan that shows I defaulted on that I insist I paid off in full, or call the Bankruptcy lawyer and verify it's over 20 yrs old, neither can or will a prospective landlord call the prison and find out if I was actually an inmate or not! they can't! because it's irrelevant as long as it is coming back on my background check that I was!

    I then demanded that they send me something in writing that says I was not an inmate in their prison and they say they will see what they can do then don't call me back and when I call them back they say they aren't able to do that either, that they can only tell someone who calls them and asks! and that don't make no sense to me!

    THEN, to top it ALL OFF, they have this disclaimer written on their website directly under the search results of the person showing up as an inmate or ex-offender:

    "The following is public information pursuant to Section 904.601(1)Iowa Code(1999). While the information is believed to be accurate, the Iowa Department of Corrections makes no warranties, express or implied, as to the accuracy of the information. Further the Iowa Department of Corrections assumes no legal liability or responsibility for the accuracy or completeness of any of the information provided."


    So basically, they cover their @$$'s while they ruin my life!! HOW is that legal?

    or better yet... HOW is it NOT illegal ????

    Do I really HAVE to just accept this? everything about this is just plain WRONG! I don't understand for the life of me how this is acceptable!

    Please advise me if there are any other options, I shouldn't have to be treated like a criminal when I was the victim of an assault by a store clerk with a history of drug abuse and prostitution! Getting charged with theft was a slap in the face enough! NOW I have to live as if I had held the store up at gunpoint!? (it says BURGLARY on the background check!) This is UNCONSTITUTIONAL! WHERE are my rights? HOW can they get away with this?? PLEASE PLEASE HELP!


    Thank you for taking the time to read this, I know it was long and you are probably busy and have better things to do, and so do I, but I can't so them with this showing up on my record this way! So i thank you in advance for any help you are able to give me or point me in the right direction!

    Thank you! I greatly appreciate it!
    13 and a 1/2.... 12 Jurors, 1 Judge, 1/2 a chance.

  • #2
    Re: Iowa Dept of Corrections show me as a ex-INMATE & i've NEVER even been incarcerat

    I wish to inform you that you may apply for expungment of the order of the court. If the court in Iowa orders the expungement, the order goes to the Department of Public Safety. The Department of Public Safety will remove the information from their files.

    AFF

    Comment


    • #3
      Re: Iowa Dept of Corrections show me as a ex-INMATE & i've NEVER even been incarcerat

      I'm not sure if Affa read that whole thing but considering the quantity of irrelevant information posted I'd be surprised anyone does!

      You plead guilty to a crime and received probation. There are lots of stipulations to probation, if you break one you go to jail. Probation basically means you are a trustee who doesn't have to report (but there was a sentence if you didn't complete probation successfully).

      Comment


      • #4
        Re: Iowa Dept of Corrections show me as a ex-INMATE & i've NEVER even been incarcerat

        Unfortunately, your case is not eligible for expungment in Iowa. Unless it fits the criteria for expungement, it cannot be removed once the case has been filed.













        Originally posted by AFFA View Post
        I wish to inform you that you may apply for expungment of the order of the court. If the court in Iowa orders the expungement, the order goes to the Department of Public Safety. The Department of Public Safety will remove the information from their files.

        AFF
        Due to a recent promotion, I should now be referred to as Major Obvious.

        I would not be trying to provide information and knowledge if I did not sympathize.

        Some days it is just not worth chewing through the restraints to face life.

        Comment


        • #5
          Re: Iowa Dept of Corrections show me as a ex-INMATE & i've NEVER even been incarcerat

          Originally posted by goddessoflubboc View Post
          I'm not sure if Affa read that whole thing but considering the quantity of irrelevant information posted I'd be surprised anyone does!

          Lmao! hahaha i know, i am sorry for all the irrelevant info, i have circumstantial speech disorder and I'm long winded and take forever to get to the point! i hate that aspect of myself, it gets in the way of engaging in normal conversation all the time!

          Thanks for your input! I appreciate it
          13 and a 1/2.... 12 Jurors, 1 Judge, 1/2 a chance.

          Comment


          • #6
            Re: Iowa Dept of Corrections show me as a ex-INMATE & i've NEVER even been incarcerat

            Originally posted by Disagreeable View Post
            Unfortunately, your case is not eligible for expungment in Iowa. Unless it fits the criteria for expungement, it cannot be removed once the case has been filed.

            Really? how come it doesn't meet the criteria for expungement?
            13 and a 1/2.... 12 Jurors, 1 Judge, 1/2 a chance.

            Comment


            • #7
              Re: Iowa Dept of Corrections show me as a ex-INMATE & i've NEVER even been incarcerat

              When i accepted unsupervised probation, i did not realize i was going to be placed in the Dept of Corrections Inmate database and show up on a background check as an inmate or ex-inmate nor was i aware that if someone went to their website and clicked on inmate lookup, that i would show up as an ex-inmate. This was not disclosed to me in any of the paperwork i signed or received either because I held on to everything related to the case since there was a lawsuit against 7-11 and nowhere was it disclosed, so even though I agreed to the terms and conditions of probation, how did i inadvertently agree to be put in their prison population database as an ex-offender? Maybe if i had known that i wouldn't have agreed to probation. It still seems like defamation or something along those lines, because they are depicting me as an unsavory character - a criminal! how can they say i am a felon when i am not! that's not defamation?
              13 and a 1/2.... 12 Jurors, 1 Judge, 1/2 a chance.

              Comment


              • #8
                Re: Iowa Dept of Corrections show me as a ex-INMATE & i've NEVER even been incarcerat

                I suggest you hire a lawyer to advise you. In Iowa, a person is only entitled to have a case expunged if there was deferred judgment with probation successfully completed, or in the case of Public Intoxication, Consumption, or Underage Possession of Alcohol cases. You did not indicate you received deferred adjudication or returned to court for deferred judgment. A small possibility exists a lawyer can get the court to reopen the case and give you deferred adjudication IF a statute allows it.
                Due to a recent promotion, I should now be referred to as Major Obvious.

                I would not be trying to provide information and knowledge if I did not sympathize.

                Some days it is just not worth chewing through the restraints to face life.

                Comment


                • #9
                  OMG I have the same thing, Could I sue the state for doing the same to me. Nobody EVER told me I would be in such a database.

                  Comment


                  • #10
                    Originally posted by AQT4U2XO View Post
                    Re: Iowa Dept of Corrections show me as a ex-INMATE & i've NEVER even been incarcerat

                    When i accepted unsupervised probation, i did not realize i was going to be placed in the Dept of Corrections Inmate database and show up on a background check as an inmate or ex-inmate nor was i aware that if someone went to their website and clicked on inmate lookup, that i would show up as an ex-inmate. This was not disclosed to me in any of the paperwork i signed or received either because I held on to everything related to the case since there was a lawsuit against 7-11 and nowhere was it disclosed, so even though I agreed to the terms and conditions of probation, how did i inadvertently agree to be put in their prison population database as an ex-offender? Maybe if i had known that i wouldn't have agreed to probation. It still seems like defamation or something along those lines, because they are depicting me as an unsavory character - a criminal! how can they say i am a felon when i am not! that's not defamation?

                    They don't really make it clear--I agree 100%

                    Comment

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