Legal Question in Criminal Law in Illinois
Wrong name on charge form
Ten years ago, I spent a summer in Chicago on a J1 student work visa. One night my friends and I were in a McDonalds and we witnessed a fight. Some white guys attacked a black guy. He had run away before the police arrived, and they began questioning the wrong group. My friends and I intervened, explaining the mistake. I got out of my seat and approached the police officer. She asked me to sit down and mind my business. I would not. Young, idealistic and very foolish. The officer asked for my ID. I was wearing a friend's jeans and only had his student card. We had been told that the it was an offence in the US not to have ID with you, so I gave her that card. Then she said that I was under arrest for obstructing a police officer in the course of her duty. I was taken to a police station, where I was finger-printed. I was charged under the name Michael Hannafin, but I signed my own name on the sheet and I told the police officer there that it was the wrong name. He laughed. There was a hearing and a court case, which was dismissed. My lawyer advised me not to mention the fact that my name was incorrect. I have a clean record otherwise, but it is a problem each time I fly to the US. How can I best address this issue now? Thank you!
1 Answer from Attorneys
Re: Wrong name on charge form
The only way that you may be able to deal with this situation is to file an expungement. I am not sure that it will effect the federal government, however, it's the only way to clear your record, if in fact the case was dismissed.
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