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JD, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1335
Experience:  Over 11 years of practice in litigation including 10 years as a state prosecutor
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Hi, at the age of 19 I had a felony charge brought against

Customer Question

Hi, at the age of 19 I had a felony charge brought against me over 25 years ago of which I was exonerated of any wrong doing. I am now 45 years of age. The case was reportly sealed and exspunged, but everytime a background check is done to rent an apartment, etc. the event shows up with no disposition. How can resolve this once and for all?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  JD replied 7 years ago.

If you have an order expunging your record then take a copy of it to the police department, court clerk, and prosecutor's office for that district. Tell them the arrest still shows up on background checks and ask them to remedy the situation. If they fail to take action within a reasonable time then you may need to petition the local courts to enforce the old expungement order. If that step is necessary then I would consult local counsel for assistance.


Do everything in writing and document the names of everyone you speak with.


This happens pretty frequently. My prediction is the police or sheriff's department where you were arrested failed to do the expungement process.


Please reply if I can help further.



Customer: replied 7 years ago.

Are there standard forms or formated documents that I can submit to the court of that county would do the same thing?

Expert:  JD replied 7 years ago.

You already have the expungement order so submitting an expungement form would not be the process to take. Basically this is going to come down to whether the law enforcement department that entered your arrest information will cooperate or not. If they don't you'll have to petition them into court to enforce your expungement order. This should not be necessary and I think if you consult the prosecutor's office, they will know the law and try to help you get it done more quickly and efficiently. Normally the law enforcement departments will listen to the prosecutor's office.


There are no standard forms for this process.



JD and 3 other Criminal Law Specialists are ready to help you
Customer: replied 7 years ago.
I am not satisfied totally with your answer. At the same time, I do not want to be tossed around rom person to person.
Expert:  JD replied 7 years ago.

If there is something I can do to help further, please let me know. If you would like me to opt out and let another expert address your question I can do that too.



Expert:  JD replied 7 years ago.

I appreciate the accept but I still want you to be satisfied. I will leave this post open and you should feel free to reply if I can help you clarify anything.


Good luck at the police department.