Can I sue a state agency for defamation for reporting charges on my background record when I was only "wanted for q?

Asked over 1 year ago - Saint Louis, MO

Is a warrant of "wanted for questioning" grounds for reporting the charges on my criminal record? I was arrested in a jurisdiction A by warrant issued in jurisdiction B for "wanted for questioning". jurisdiction B questioned and released me without charges or prosecution. However, my background check stated that Jurisdiction A arrested me for the charges that jurisdiction B was investigating, a felony, even though jurisdiction B did not report any arrest charges to my criminal record nor that I was even arrested by jurisdiction B.

Attorney answers (4)

  1. Benjamin Joseph Sansone

    Pro

    Contributor Level 10

    2

    Lawyers agree

    Answered . probably not the state is most likely protected by sovereign immunity in such a case

  2. Sean Michael Patrick

    Contributor Level 16

    2

    Lawyers agree

    Answered . The Department of Justice has a process where you can have wrong/false information removed from your records. Contact your local DOJ office and initiate the process to remove the false information. If they refuse, after you provide evidence supporting your position, you may have a claim. Best of luck.

    I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which... more
  3. George Costas Andriotis

    Contributor Level 20

    2

    Lawyers agree

    Answered . There is a process by which you can get it removed from your record. It is lengthy but there's no way around it.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Contact DOJ office to remove. Good luck.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

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