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Ask David Weilbacher, Esq. Your Own Question
David Weilbacher, Esq.
David Weilbacher, Esq., Attorney
Category: Legal
Satisfied Customers: 335
Experience:  Criminal & Civil Litigation, Estate Planning, Probate, and Bankruptcy
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Hi, My name isXXXXX I am hoping that someone

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Hi, My name isXXXXX I am hoping that someone can help me with a long standing issue. On December 24, 1992, my ex-wife Kimberly C. Springer, claimed I had assaulted her while our family was at Asilomar in Monterey County, California. The case went to court and on the advice of my attorney I agreed to a "Diversion" program. The agreement was that on completion of the program the charges would be dropped and the case totally expunged from any records. I have gone on for all the intervening years under that belief. In fact, I had a law enforcement friend of mine run a background check on me to see if anything showed up and nothing did. However, I recently applied for a GOES certificate and though it went well the lady told me that an arrest showed up from my past and it was the incident I sited above. I have long lost or destroyed any records of this, have no case number XXXXX refer to and the attorney at the time is now deceased. She asked me to have a case disposition sent to her in case it was needed to approve my application.

Can someone from help me with this matter? Monterey County and the State of California have both stated they have no records of this. I can only assume that it must be in some Federal base. Can you please see what happened and or refer me to some department or agency that can. I really don't know where to turn with this. The following information should help but I will gladly supply any other needed information you might need.

Sincerely XXXXX XXXXX you for any assistance,
Dean Springer

Full Name: Gary Dean Springer
DOB: 28 September 1943
SSN: XXX-XX-XXXX
Address at time of incident: 9076 Drake Meadow Way, Elk Grove, CA 95624
Current address: XXXXX, Eugene, OR 97405
Phone #: (XXX) XXX-XXXX

David Weilbacher, Esq. :

Hello, my name is XXXXX XXXXX I’ll be happy to assist you. Please stand by while I prepare your answer.

David Weilbacher, Esq. :

The issue you are facing is that it appears that the conviction was expunged; that is why the Court has no record of the case. What your dealing with is that an arrest record has shown up. It is possible that when the case was resolved that the expungment order was sent to the police department and the record of the arrest were not destroyed. It is also possible that the arrest record was sent to a state agency, and for whatever reason the records were not destroyed.

David Weilbacher, Esq. :

My suggestion would be to contact the police department that made the arrest to see if it has a record of the arrest. If it does, then you know where the problem is. The you could explain the situation to an attorney with that city's law department in order to have the mistake corrected.

David Weilbacher, Esq. :

If the police department has no record of the arrest, I would ask for a letter to that effect. Then you could present the letter to the GOSE folks, and indicate that the record of arrest they have found is a mistake, because the police department in question has no record of the arrest.

Customer:

I'm here David. Were you able to check if anything shows up?

David Weilbacher, Esq. :

I am not able to search the data bases that would have those records.

Customer:

OK....well I thank you and your suggestion makes sense to me. I appreciate your help

David Weilbacher, Esq. :

You also want to speak to the GOES people to find out what data base revealed the arrest. If it is a government data base, there is a chance to get the problem corrected. If it is a private data base, it will be difficult, if not impossible to get the record removed. That's why you should go to the source, i.e. the arresting department, and try to correct the problem from there, or get a letter indicating there is no record, thus the data base is wrong.

David Weilbacher, Esq. :

I hope this answers your questions. If I can help further, please request me.


 


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