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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,
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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?
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 [email protected]
I wish you the best of luck,
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