Legal Question in Criminal Law in California

Criminal record shows someone else name

I currently underwent a background investigation with INS.

They showed a conviction and history of jail time, plus probation on my record which I never had. Basically it is not my conviction. How do I clear this?


Asked on 10/01/07, 4:51 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Criminal record shows someone else name

I would write them a letter (certified mail return receipt) advising them of the mistake. Depending on the purpose of the background investigation, you may (probably do) have appeal rights which you should demand in your letter. If you are a visa or green card applicant you should consult an immigration attorney.

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Answered on 10/01/07, 5:50 pm
Terry A. Nelson Nelson & Lawless

Re: Criminal record shows someone else name

With difficulty, by showing convincing evidence it is not your record. If you're saying that this is a foreign country's records on you, good luck dealing with them and obtaining some form of acknowledgment of the problem and correction of it.

If it is USA records, then appropriate objection and appeals to the agencies involved would ultimately clear this up. If that is the case, feel free to contact me for help.

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Answered on 10/01/07, 6:03 pm


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