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Nate, Lawyer
Category: Criminal Law
Satisfied Customers: 10685
Experience:  Over 10 years of criminal defense practice.
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Hello, Ive been a security system installer for over 30 years

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Hello, I've been a security system installer for over 30 years and recently was informed by a traffic officer of a 3rd degree felony record that I have from a 1998 burglary. Remembering this small but unbelievable event, it was a situation where several weeks after I installed a security system in a small business a break in occurred and the only prints the detective could make out where on the security panel that was ripped off the wall. Of course those finger prints where mine from the installation of the system. The detective proceeded to put a warrant out for my arrest and even put my driver license picture on the local wanted feature, that show on the FBI most wanted television show at the time. After this, his brilliant detective work led him to find that I work for the security system company that installed the panel torn off the wall being used as evidence and he got in touch with my employer to have me brought in. He was obviously irritated with me because he threatened more than once that he could still arrest me even though I was calm and cooperative throughout the meeting. I'm guessing his pride was at stake here?
So for 15 years I just recently find that I've had a felony falsely placed on my record. One question: Is it possible to have such a record with a charge that was dropped and therefore never went to trial? Also: Could this record be some sort of malicious act of a less than stable detective or just a byproduct of the situation? I've contacted the Clerk of Courts web sight with no response yet. Besides clearing my name is XXXXX XXXXX of going after restitution over smearing my identity for all these years? When it happened I was enraged about my picture on a wanted tv program but let it go. Now 15 years later I find that anyone checking my background sees me as a felon?!? I obviously can't let this go now and am just starting to figure out where to go from here. Any suggestions will be much appreciated. Thanks
My name isXXXXX have been a licensed attorney for over ten years and will be assisting you today.

If it was dismissed it will still show up as having been charged. Dismissed charges still must be expunged to keep them from showing up on your criminal record.

A lawsuit against the police department or the detective would be a stretch. The law gives detectives great leeway in how they investigate and prosecute cases. Without him knowing more, initially your fingerprints were enough for a warrant. It sounds as if he was trying to extract a confession with threats and lies - that is allowed under the law and has been upheld by the Supreme Court as a valid police tactic.

The thing you can do now is determine exactly what the court clerk has on record and get the forms to properly expunge it. Expunging a dismissal is fairly straight forward. The clerk will have the form for you to complete and file. This will then not show up your public record.

If you have more questions please feel free to ask. I'll be happy to answer them. If you do not, please do remember to rate my service in assistance to you today.

Customer: replied 3 years ago.

After taking care of the expunging forms is there some type of official document I can request to use as proof of dismissal of the crime in order to use for contacting information brokers or potential employers, etc. ?

You won't need that because it will no longer even appear in a records search. Once it's expunged, as far as employers are concerned, it never happened.
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