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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11523
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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I think my situation is relative to defamation. Years ago,

Customer Question

I think my situation is relative to defamation. Years ago, I was arrested in AZ for "Danger to self (AZ Alcohol violation). My case was eventually plead to "Under the influence in public space." I paid my fine, took a class for alcohol abuse and has a misdemeanor in my otherwise perfectly clear criminal history. Later, I was terminated from my job (corporate downsizing in 2008). I began my mission to become a law enforcement officer/agent. After applying twice with Department of Homeland Security (when I was meeting age requirements) - I was through 7 out of 8 clearances and eventually was "Denied." I later applied to Washington DC's Metropolitan Police Department. In the final phase, my background investigator said I had something on my record that needed clearing up. He informed me that my NCIC report (FBI Criminal Card) had a "Influence of Illegal Drugs in Public" note. Now after 4 years of trying to find a jobs in Banking, Law Enforcement, and Pharmaceutical Sales/Management, I understood why I couldn't get a job. MY NCIC REPORT WAS ERRONEOUS. Besides not being able to get a job, I also, lost my home and lost any chance of having a career with the Federal Government. I know this is a bit lengthy, but now that I am a Police Officer in Washington DC, I know that I was wronged a long time ago AND i feel like I have grounds to sue the Municipality of Scottsdale, AZ. What do you think?
Submitted: 1 year ago.
Category: Legal
Expert:  Andrea, Esq. replied 1 year ago.

Hi, My name is XXXXXX XXX my goal is to provide you with Excellent Service,

 

In Answer to your question, if someone writes a false and defamatory statement about another individual, then these are grounds for an action for defamation of character. (Slander is "making a false defamatory statement verbally" and libel is "making a false and defamatory statement in writing).

 

If you pled to guilty to "Under the influence of alcohol in a public place" and this was incorrectly written on your record as using illegal drugs, then you certainly have a cause of action against them. There are four elements which you as a plaintiff must prove in any action for defamation of character:

 

1. The Defendant made a false and defamatory statement about you;

2. The Defendant knew that the statement was false, or made the statement in reckless disregard for the truth;

3. The false and defamatory statement was "published" - This means that it was conveyed to another person, other than the plaintiff;

4. The Plaintiff suffered damages to his name and reputation in the community - In your situation it was the fact that you could not get the jobs you were applying for because of the false and defamatory statement made by the Arizona officials on your record,

 

 

_____________________________________________________________________

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

 

 

Customer: replied 1 year ago.

This information is good but it was readily available on the internet (that is where I read about defamation and understood it was "written." What I am looking for is case law or cases that show someone else has pursued this (and even better won). Can you help here? Are you familiar with AZ law?

Expert:  Andrea, Esq. replied 1 year ago.

I apologize if you thought that we do legal research, but that would not be possible. Legal research takes a lot of time and is very expensive and we do not have access to the legal research search engines because they are extremely expensive. When you asked if you had grounds to sue, I was not aware that you were looking for case law. Please feel free to ask for a refund from customer service at info@justanswer

 

I wish you the best of luck,

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