Criminal Conviction Wrongfully Attributed to Your Criminal Record? How to Correct Your Record and Remove the Conviction from Appearing on Your Criminal History Record.

All too often, a criminal defendant provides law enforcement with an incorrect name, date of birth, and other identifying information when being investigated, arrested, and charged with a crime. Subsequently, the case can be charged and filed under the innocent person’s identity and this innocent person can, under certain circumstances, wrongfully be arrested on a bench warrant for the case. More common, the innocent person later discovers that the criminal conviction for the defendant has wrongfully been attributed to his or her criminal history record. This criminal conviction can cause prejudice when the person applies for employment, housing, and, especially, for non-citizens attempting to adjust status.

Correcting the record under these circumstances can often prove difficult and time-consuming. Oftentimes, the court file has been destroyed and obtaining records relating to the underlying criminal conviction can be near impossible. Successfully obtaining information to correct the record requires investigation and communication with the arresting agency, the prosecuting agency, and the court.

In order to successfully correct the record, the innocent person must be able to prove that he or she is not the defendant convicted of the underlying offense. Generally, the person must first file a motion with the court requesting a hearing to establish that he or she is not the defendant in the court matter. The court will require evidence showing that the person is not the defendant - for example, a booking photo, proof of location on the date of the conviction, or signature verification. If the court is convinced that the person has met the standard showing that “no reasonable cause exists to believe” the person is the defendant in the criminal case, then the court can issue a “wrong person” declaration and order the Department of Justice to correct the record.

Obtaining the court proof is only the first step to correcting the record. Next, the person must follow-up with the Department of Justice or other agency containing the incorrect record and confirm that the record has been properly updated. If it has not, the person may need to return to the court and request that the correction record be re-sent to the Department of Justice.

Correcting a “Wrong Identity” record can be an arduous process that often requires the assistance of a qualified and experienced attorney. The attorneys at Escovar Law, APC are well-versed in the procedures required to correct a person’s record successfully. Call now for a free telephonic consultation at 626.577.7700!

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The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from Escovar Law, APC, or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction. The information on this website is a communication and is for informational purposes only. The facts of every case are unique and nothing on this page or on this website should be taken as legal advice for any individual case or situation. The information on this website is not intended to create an attorney-client relationship and viewing of this information does not create an attorney-client relationship. The result portrayed in this advertisement was dependent on the facts of this case. Results will differ if based on different facts.

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