This is a complicated case, with many variables, including false witness reports and incarceration. I have no prior record so I need to expunge the criminal charge reduced to a summons. I don't have to wait 2 years to expunge, as per agreed in court.
The fact that you were found not guilty does not establish that the arrest was unlawful. The judge and prosecutor have complete immunity from being sued. The police have qualified immunity, that is, they have immunity if it can be found they acted in good faith. If the witnesses lied to the police that is not the fault of the police. If the police made up witness statements that can make a good issue. Since the fact of arrest is not a conviction or criminal record, it cannot really be expunged. In today's world of the internet, once information about an arrest is made public, it never goes away, no matter how many court orders you might get. The info released by the government, that you were arrested, was true information. I recommend you find civil rights counsel in your area to help you determine if you have a case worth money or not. No attorney is likely to take the case unless they see a real possibility of a substantial monetary gain. A victory that says the government was wrong, but does not involve an award to you of a lot of money, might be satisfying to you, but would not compensate the attorney for his time.
Contact me at 248-399-6930 for a free consultation. You and I do not have an attorney-client relationship formed by our communications on this website. Advice given by me on this website is general advice based on partial information. You should not rely on any advice given without first hiring a lawyer in the area where the case is pending, and providing that lawyer with full information.
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I agree with my colleagues. The fact that you were acquitted does not establish that you may sue the police or prosecutor. You will need to consult with a local civil rights attorney.
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