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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11806
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I was recently the subject in a CPS investigation. The complainant,

Customer Question

I was recently the subject in a CPS investigation. The complainant, my girlfriend's ex-husband, alleged that I had been smoking marijuana around their son, and that he found some in his backpack. This was immediately after my girlfriend had threatened to go for full custody. He met me that weekend, and I guess he though my beard and tattoos would make me an easy target for a drug case. He was unaware of the fact that I work in security and close protection, and that the state requires drug testing. Both my girlfriend and I took and passed the drug test, answered all the questions, and the CPS worker closed the case with a ruling of "Ruled Out". I have the option of having the case deleted, but they say once it is deleted, it is completely gone, so they cannot look it up if I need to use the report later to help prove that I had been falsely accused. I don't foresee there being anymore problems in the near future, but I want to keep my bases covered. I am going to have them send me a copy of the report, for my records, but I already know that his information will be redacted in my copy. My question is, do you think that I should have the case deleted, or should I leave it? I have a daughter of my own and, although her mother and I get along fine, I don't know that I want that on record in case she ever tries anything.
Submitted: 2 years ago.
Category: Family Law
Expert:  originallawyer replied 2 years ago.
I would retain a copy of the report for your records, but then have the case deleted, that way it can never be used against you in court for any reason. Even if it was ruled out, if they bring it up in court, you still have to go through the motions of having it not admitted into evidence, etc. It would be better if there was no record for them to bring up.
Customer: replied 2 years ago.
Ok. That is what I planned to do at first, but I know very little about family law, so I wanted to check with an expert. Thank you.
Expert:  originallawyer replied 2 years ago.
You are welcome!

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