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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102601
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Went to prison on a felony charge; moved several times and

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Went to prison on a felony charge; moved several times and can't find the paperwork to prove that i completed all probation requirements; the charge/warrant remans out there for the charge...what can be done to avoid being arrested again. Tried talking with the county about the warrant but the people are so rude and said that i would be arrested because they are gong by their records and they are accurate and there was nothing i could do....
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Ely replied 6 years ago.
Hello,

Welcome to JustAnswer and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

I am sorry for your situation. So you were sentenced for the charge, but the fact that you did this is absent from the record and there is still an active warrant out for your arrest on the very charge that you already served time/probation for?
Customer: replied 6 years ago.
Yes and I have become very frustrated because I need to get my driver's license and don't want to be arrested. It was so long ago and I can not remember the lawyer's name that represented me nor which office I had to report to because things and areas have changed.
Expert:  Ely replied 6 years ago.
Of course. This is possible to handle, but you have to have an attorney do this for you, I am afraid.

There is no question that this is due to human error on some level. What you have to do is to have your attorney contact the district attorney in that county and simply show him that the matter has already been handled. The key here is that it has to be your attorney and not you because you risk being arrested if you do this yourself (and while you'd then be let out once the matter is figured out, we do not want you to be arrested in the first place). The attorney will also be able to pull the necessary records using the resources available to him/her.

Afterwards, you can press the DA to pay your attorney bill or you'd file for malicious prosecution in civil court, and the DA may agree to reimburse you.

I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you until you actually press ACCEPT, even if you already have a subscription. If you still need to clarify something or seek more information, just use the REPLY button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions before or after accepting, should you wish to continue in the thread, and I encourage you to do so should you desire clarification.

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Customer: replied 6 years ago.
Thats part of the nitch; this was in 1986 - since moving several times I don't have the paperwork and there seems to be no record of me even starting let alone completing the probation.
Expert:  Ely replied 6 years ago.
It does not matter - the state has records going further back, I promise you. Simply because you cannot find it does not mean that the records do not exist, and a competent attorney will be able to find them using your name, DOB, and SSN. This is how the DA searches for past criminal records in sentencing, for example.

Point is, do not worry about finding the records - let your counsel do that.

I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you until you actually press ACCEPT, even if you already have a subscription. If you still need to clarify something or seek more information, just use the REPLY button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions before or after accepting, should you wish to continue in the thread, and I encourage you to do so should you desire clarification.
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