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

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. 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 may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.


  2. 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.


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


  4. Contact DOJ office to remove. Good luck.

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

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