Legal Question in Criminal Law in California

Incorrect Criminal Record

In 1994 my friend was arrested for alleged battery but as the battery never occured the accuser never came to the police department to file the complaint... she was released without appearing before a judge and without spending any time in jail.

The department of justice however reports that we was convicted and spent two days in jail and was sentenced to 24 months probation.

Last year another friend was able to get a certified leter from the Superior Court of Stanislaus County declaring that all records for the incident had been destroyed except for one line stating that the case was dismissed.

I have gone to six government agencies, including the Public Defender, and they all say I have to go somewhere else.

This lady has two small children and is very low income and cannot afford to pay a lawyer to get out of this mess. I know nothing but have to do something to remove this injustice. Can you help me?

Thanks!


Asked on 2/09/07, 1:32 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Incorrect Criminal Record

As I recall if you go to the sheriff's department and ask to see your record you can and request that it be corrected. You should be able to get the case number, and the court of for the battery conviction. When you have information about the conviction go to that court and ask to see the file. If the file has not been destroyed you can get information regarding the identification of the person that was convicted. If the file has been destroyed then you will have to provide proof that you are not the person that was arrested and convicted.

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Answered on 3/03/07, 12:36 pm


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