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Delta-Lawyer, Lawyer
Category: Criminal Law
Satisfied Customers: 3546
Experience:  Over A Decade Of Criminal Law Experience
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my son was charged with assualt 4 when he was 13 and said it

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my son was charged with assualt 4 when he was 13 and said it would go off his record at 18 but it hasnt. he is 19 now. how do we get this fixed?

I hope this message finds you well, present circumstances excluded. My name is XXXXX XXXXX I am a licensed attorney with over a decade of experience in matters such as this before you. I also have represented a large law enforcement agency that houses criminal records. It is an honor to assist you with this matter.


I urge you to take a two-tiered approach to handling this issue. The first step in this approach will be to get a copy of your son's record from the court that convicted him and attach it to a certified letter with a return receipt to your state's criminal information center (CIC) with a request that his record be cleared immediately. In the letter, also request that they respond to your in writing within 10 business days from the receipt of the letter with their answer and affirmation that they have taken care of this issue for you. Tell them you will contact the state Attorney General's Office if you have not had a response from them within 10 days. If you have not heard from them within that time frame, you need to contact the Public Integrity Division of your state's Attorney General Office and file a complaint against the CIC.


The second level to address, if you are running into delays, will be to go to the court of conviction and file a petition to have your son's record cleared by order of the court. Essentially, this will be a Motion to Enforce, or Motion to Compel in view of the original proclamation that your son's record will be cleared upon reaching the age of majority.


You may not need an attorney to file this motion if the court clerk is helpful and willing to provide assistance on this motion or petition. It may be as simple as the judge sending a letter to the CIC to clear his record, without the need of an order. I have seen this happen a few times. You can show the judge your letter to the CIC as a notion of good faith efforts to try to handle this without getting the court involved.


In short, the first think you need to do is send a letter to the state CIC requesting the order of court be honored and his record cleared. If they do not, file a complaint with the AGs office. You can also then contact the court and request assistance or file a petition for an order to the CIC to clear his record.


Let me know if you have any additional questions or comments.


Best wishes going forward!

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