The Emendation Request Form is a tool used by Law Enforcement Agencies (LEA) and the District Attorney's Office to request corrections to CJIC, criminal complaints, warrants, CDL histories, and DOR garnishments in order to protect a victim and/or the integrity of a criminal case. Most often, but not exclusively, the corrections are necessary as a result of a:
- False Impersonation
- False Name
- LEA incorrect entry of identifier(s) - name, DOB, CDL, PFN
- John Doe suspect identified
Emendation Request Forms are submitted to our office, the Superior Court, Traffic Court, Sheriff ID Unit, DOR, Information Services Division (ISD), and any other county agency that may have a nexus to a criminal matter when a record correction is needed. Agencies that take action are listed on the top of the form, the “Other” box is to enter “ISD” or a county agency that has a nexus to a case.
If an LEA CJIC data entry error resulted in a suspension of the victim’s driver’s license or a DOR garnishment, the LEA can submit an Emendation Request Form directly to the Court Clerk’s Office, Traffic Count, and DOR to remedy. Our office does not review Traffic Court citations and does not calendar these dockets for dismissal. However, when our office learns that the license suspension lift has not occurred per LEA request, we can submit an Emendation Request form to Traffic Court or Superior Court Clerk’s Office to remedy the situation.
If you are an agency submitting a request please make sure to include the following:
- A memo with:
- A description of the request and why;
- Include details on the investigation completed.
- Include the warrant status; and
- Update warrant status in CJIC if necessary (i.e. Questionable status).
- Include any dates that our Office should know about.
- Emendation Request Form
- Submit a separate Emendation Request Form for each request/agency they seek to take action. For example, if three actions are sought:
1. Switch the victim’s name with suspect’s name in CJIC Primary field;
2. Amend the complaint and reissue the warrant; and
3. Add emendation form to correct public record.
Then three Emendation Request Forms should be filled out to address three separate issues.
- Fill out all fields. If the field does not apply to your case, please enter N/A. Failure to fill out all fields may result in the return of the form, causing a delay in processing your request.
- All supporting documents
- Such as, but not limited to: Law Enforcement Agency reports – including reports from other agencies; suspect and victim criminal history reports; fingerprint identification test results; and booking photos.
Please submit your completed Emendation packet to the address listed below.
For More Information, Please Contact:
District Attorney Santa Clara County
70 West Hedding Street, West Wing
San Jose, CA 95110
Email: [email protected]