Can I sue if there’s a felony warrant out for my arrest that was vacated about 4 years ago but still appears as active?

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Can I sue if there’s a felony warrant out for my arrest that was vacated about 4 years ago but still appears as active?

I was arrested and posted bail. I went to every court date until the case was dismissed and sealed. But to this day whenever the police run my name it appears as if am still wanted. I haven’t been able to find work cause of this and went thru the system a few times. Are these grounds for a lawsuit?

Asked on June 16, 2012 under Criminal Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

From what you have written with respect to the apparent outstanding arrest warrant for you that has been recalled but still show up, you do not have a legal or factual basis to bring a lawsuit against the county where you reside.

Rather, the best way to resolve this issue is for you to consult with a criminal defense attorney and file a petition with the court for an order that this bench warrant be cleared from the criminal system.


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