What is a Court Disposition
A court disposition is a court document (usually signed by the judge or clerk of the court) which demonstrates the finality of a particular court case. Technically, it is proof that a specific case has been disposed of by the court in a particular manner. Court dispositions are signed and maintained by the Clerk of Court, the official running the court’s recordkeeping system and maintaining the paperwork for a court into which you must have access with regard to your case. Court dispositions also are normally maintained by the judge’s office.
Dispositions are very important both to you and to the court to which your case is assigned. They are important to the court because the court wants (and needs) to have the ability to account for and track all activity involving cases that it has handled. They are important to you because they demonstrate that your case has been handled properly and in accordance with the law. In addition,, successful dismissal of certain types of criminal cases is contingent upon your receiving a copy of a written court disposition signed by a judge following a final court hearing , as such documentation is often required by state statute or by state rule.
The court disposition will reveal how the court handled your case and whether or not you were found guilty or not guilty, along with whether you held to your original plea or were found guilty upon changing your plea to guilty by reason of insanity, nolo contendere (no contest), or a similar term.
For example, the court disposition for a DUI/DWI conviction will show your charge at the time of the arrest, the statutory penalty for such charge, and the particular form of punishment you received. In addition, the court disposition will reveal whether or not you were eligible for and actually received any sort of reduction of your sentence after serving a certain period of your conviction in jail, such as work release or parole. Such details are important for many reasons and are required by law in many situations regardless of the type of case involved.
The basic takeaway is that the court disposition is a basic requirement of the court’s records. Without such documentation, a court is unable to effectively check for accuracy and completeness all information regarding your case. This can be true, for example, when a court must respond to an inquiry by another court or government agency.
Identify the correct court
Before you can obtain a certified court disposition, you must first know which court your case was in. Depending on which municipality heard your case, that can entail a little more effort than simply checking the local state court website. As a practical matter, most municipalities have more than one type of court – Temporary Municipal Courts, Municipal Courts, Civil Courts, Criminal Courts, Traffic Courts, and so on.
Let’s say, for example, you are trying to show proof of license clearance because of a resolution of a criminal charge related to driving without a license. That conviction would have been in your local Criminal Court. So now you will need to trace back to that court – either by checking the local state court website or directly with that court – to obtain the certified court disposition.
It is important to provide a certified disposition for your criminal case that shows a resolution of any charges related to the underlying DUI or DWI arrest in order avoid future complications with your license. Without proof of clearance in Municipal Court, the DMV will not clear your criminal conviction, leaving you with the same unresolved conviction as before.
Prepare: Information and Documents required
To secure a certified court disposition, it is vital to have the right details by your side as you make the request. The following information and documentation are typically required by clerks:
— Defendants full name (the name the subject went by in the court)
— All variations of that name (i.e. Junior, Senior, II or III, Sr. and so on).
— Date of birth
— Case number
— Dates of arrest and/or hearing for the infraction or case
— Time of arrest
— Driver’s license number (if revoked, suspended, canceled or void)
— Attorney of record (if one was present during the hearing)
— Courtroom number of the infraction/case hearing (if known)
Many courts charge for the production of court documents. In Florida, a certified copy of a court disposition costs $12. To obtain a certified disposition, individuals will fill out the Certificate of Entity Status form on the Florida Department of State website. If multiple copies of the court disposition are needed, the individual can request for $8 for each additional copy.
Depending on the jurisdiction, clerks may have their request forms available online for download. These forms require a specific fee and additional information, including a case number, hearing date, defendant’s name, then the defendant would fill in the explanation of what the document is intended for. In most cases, the clerk will provide a certified copy of the order with a disclaimer warning "This is a true and correct copy of the original document(s) on file."
In some places, clerks will only accept requests in person at their physical buildings, and others may allow for electronic or mailed requests. Generally speaking, government employees are not allowed to provide legal advice. Therefore, if an individual has questions or specific needs for a certified court disposition, it’s best to contact an attorney who can explain exactly what’s needed.
Contact the Court
If you have been convicted of a crime and seek to obtain a certified copy of the disposition of the offense, you may be wondering how to go about obtaining a copy.
Step one: Find the Correct Court
As previously mentioned in this article, one of the first steps to obtaining a certified court disposition is to find the appropriate court that convicted you. Your Illinois criminal records will generally contain information about the name of the court, the location of the court, the date you were convicted and other relevant information. The downside is that the information may be incomplete or incorrect.
Step two: Contact the Court
So, once you have the right court, how do you contact them? You can either go to the courthouse in person or call the clerk’s office and request a certified copy of your criminal disposition . All Illinois courts have staff members who specifically work with the public to provide access to public records, including court dispositions. If you can’t go in person, many courts also allow you to submit your request via email or by traditional mail.
In addition, Applicants should seek to obtain a certified copy as soon as possible after their conviction. Generally, most Illinois criminal courts maintain and store their records for at least 5 years but some courts only maintain these records for a few years. If you go back for a certified copy of your conviction later, you may be denied the record because the records may be destroyed or lost due to age or disorganization.
Processing Time and Receipt of Disposition
The typical processing time for obtaining a certified court disposition is anywhere from one to four weeks. In rare instances, it can take longer than a month to obtain a certified court disposition. For example, if the courthouse cannot locate your file, which can happen from time to time, then they will have to send your request to the courthouse that originally handled your case. In these situations, you will be notified of the extra delay. In some instances, it may be necessary to follow up with the clerk of the court. In either case, this task is not the applicant’s responsibility, so there is no need to call the clerk of the court to check on the status. Your background screening provider will notify you (and/or your staff) of any updates or delays. In the event that you do not receive your disposition in a reasonable time frame, you will simply contact your background screening provider and they will follow up with the courthouse on your behalf.
As a reminder, a certified court disposition is not a "live" document. It is an official copy of the court record, but typically it does not come directly from the court clerk’s office. In most instances, the certified court disposition will be delivered via facsimile or email. The bottom line is that the disposition will not be sent directly to you, the consumer. However, it is very important that upon receipt you do review the complete document and verify that it properly reflects your personal information (name, date of birth, etc.). You should also ensure that the disposition is written correctly and is clearly legible. Without these basic checks, you could potentially delay the employment process.
Common Problems and Solutions
One potential issue that may arise when requesting a certified court disposition is the lack of information or incorrect information. If you are unsure of the date of conviction or sentence, obtaining a certified court disposition may be difficult. It is important to have as much information as possible before making the request. Check all of your court documents thoroughly for information on the date of sentencing or conviction. If you are denied a request for a certified court disposition, there is a chance that the court or clerk requires payment before processing the request. Remember that there may be a fee for all certified court dispositions. If you win a case or your case has been dismissed, you may also be fined an amount that must be paid before your certified court disposition will be issued . If you are unsure whether any of these fees apply to your case, check with the clerk of the court prior to making the request to ensure that you will have the correct money and information.
A judge or the court may deny a request for a certified court disposition, but all of the correct information and fees have been provided. This means that you must obtain the correct information and settle any outstanding fees before a request can be fulfilled. Check with the court clerk for information on why a certified court disposition may be denied and what information may be missing. In some cases, you may not be able to obtain a certified court disposition if asked to appear in court. Representation from a qualified criminal defense lawyer can help you to prepare for court and determine if a certified court disposition may be necessary.
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