Legal Question in Criminal Law in Oklahoma

Legal Arrest - Proof of Identity

If a person is detained and cited by police for a crime or a violation of an ordinance, is that for all legal purposes considered an arrest under the circumstances that the person is not positively identified by fingerprints or mugshot. Can the arrest record be submitted to the state bureau of investigation and the FBI as a legitimate record of criminal history keep in mind that the citation/violation does not result in a conviction. What can an individual do legally to correct the record?


Asked on 7/17/01, 12:17 pm

1 Answer from Attorneys
Victor Hobbs Victor E. Hobbs

Re: Legal Arrest - Proof of Identity

The criminal computerized files are full of misinformation. That's why when the D. A. pulls a person's priors it's commonly full of mistakes. The most common is people with the same first and last names appearing under your name.

Your file should show this as an arrest if your handcuffed and taken to jail. If you were just given a ticket (citation) and released at the police contact point it may not show up. In either case it may show up on someone elses record or their information on your record.

My research on this matter hasn't revealed any information concerning getting your record cleared of a stop by the police followed by a release with no charges filed.

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Answered on 7/17/01, 1:36 pm


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