Legal Question in Criminal Law in California

I was falsely accused by my ex husband who wanted to modify child custody and was jailed for 9 hours by the reason that I was trying to abduct my child to foreign country. The arrest was a warrantless seizure that has never had a case number or court hearing. Since it was 13 years ago, the police department would not assist me to remove the record making an excuse that the record does not exist. However, fingerprints show this false arrest. Reserving my right to sue the involved officer, I need to get a motion filed in a week before my new job opportunity becomes no longer available by this erroneous record. I am currently indigent because I could not get a job due to this problem. I would be happy to meet an experienced lawyer to represent me.


Asked on 12/02/17, 10:41 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

First things first.

1. 13 year old claims would be barred by statute of limitations, so no action against the arresting agency or party is now viable.

2. Police agencies have no authority to 'change' records or remove entries from records.

3. Yes, a motion could be filed in court seeking to clarify any error in the court and DOJ records. But if you were arrested, and that is what the record shows -- an arrest with no charges filed -- there is nothing to clarify or change, since the record is accurate. However, there is a possibility of seeking a court order to strike the arrest from your record, since no charges were filed.

4. If a new job requires a clean record, even if a motion could accomplish that, the process could take months, first to get to a court hearing, and THEN pursue DOJ processing to correct the record with the new court ordered change.

5. This generally would not qualify to be a pro bono matter. Such motion would cost quite a few hours of attorney time, with no guarantee of success anyway.

With all that said, if you are still serious, then contact an experienced attorney local to you and that court for legal help.

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Answered on 12/02/17, 2:02 pm


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