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P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 26063
Experience:  16 yrs. of experience including criminal law.
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I put in a report against my husband. The report is a civil

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I put in a report against my husband. The report is a civil incident report. All the report says is that I went into the police station seeking marital advice. I want this report completely removed from his record, how do I do this?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  P. Simmons replied 4 years ago.
Thanks for the chance to assist

What state is this in please?

Customer: replied 4 years ago.
This is in Illinois. Cook County.
Expert:  P. Simmons replied 4 years ago.
Thanks

Was your husband arrested because of this report? Is there a record of arrest your trying to remove?
Customer: replied 4 years ago.
No, the report was only civil. There was no criminal report made. It is only a local civil incident report. I just want this completely removed from his record. I know this can be accomplished, I just don't know how.
Expert:  P. Simmons replied 4 years ago.
But what record are you referring to...who was the report made to? The police or some other agency?
Customer: replied 4 years ago.
I made the report to a local police station. The "record" is literally just a civil incident report that I went into the police station seeking marital advice and that I was referred to a police department social worker for counseling. I want the civil incident report completely expunged. Anybody who looks at this file is going to think, hmmmm was this woman getting physically abused by her husband. I don't want the wrong impression made about my husband.
Expert:  P. Simmons replied 4 years ago.
Thanks

OK. If there is an arrest record against your husband, he can have that report expunged or sealed if he was never prosecuted. That would clean his record.

As for the report...I do not believe you can force the police to remove a report. You can certainly request this, but I suspect that the police will refuse, and cite the need to maintain the integrity of the "blotter" or the report log. You will not be able to force them to remove this entry.



Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.
Customer: replied 4 years ago.

There is no arrest record, no criminal record.

 

There has to be a way to get the "civil incident report" completely expunged. How can there be a criminal report expunged from somebody's record if that person was never prosecuted, but a CIVIL report can NOT ben expunged from somebody's record and there is not even prosecution involved?

Expert:  P. Simmons replied 4 years ago.
Your describing a "blotter" entry...this is the log the police use to keep track of reports during the day. This is used for many purposes, including staffing, training and ensuring the police do the best job they can.

This is NOT on your husbands record...its simply a blotter entry.
Customer: replied 4 years ago.

So, for example, INS was running a search on my husband to make sure that he can be a good citizen when he gets his green card. What are the chances that INS would run across a civil incident report? This is just local. The police station informed me that INS doesn't have access to civil reports if a nationwide search is run. But if a local search is run, the report could be found. INS could see this report and think something wrong about my husband. Should I direct this kind of question to a immigration lawyer?

Expert:  P. Simmons replied 4 years ago.
If he is not arrested, he will not be in the NCIC (National criminal database). Really, to have a record, you need an arrest, fingerprints, ect. If this did not happen, he does not have a record.

Again, your describing a blotter entry...I do not believe that is available "online"

P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 26063
Experience: 16 yrs. of experience including criminal law.
P. Simmons and 2 other Criminal Law Specialists are ready to help you

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