How doI get an incorrect ciminal record removed?

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How doI get an incorrect ciminal record removed?

Another person was arrested in NM for a DUI 2 years ago. This person used my name and a criminal record now shows I was charged with a DUI. I got the case dismissed and the proper person was charged, however the state never removed the criminal record. So when I went for a federal job I lost out on it because it shows I was charged with a DUI. I have been getting the run-around from the district attorney’s office the last 2 weeks and contacted a couple of attorneys who have yet to get back to me. How do I get this record removed?

Asked on August 3, 2011 Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The best way to have an incorrect information concerning an arrest against you where your identity has stolen and used by someone else is to hire a criminal defense lawyer to assist you in removing the criminal record even though the driving under the influence charge was dismissed several years ago.

The best way to resolve this problem is to file a motion in the county and state where the original criminal action was filed seeking an order from the court of that county and state holding that:

1. the charges against you were improperly filed due to identity theft;

2. that all references to you haveing a criminal record concerning this driving under the influence are removed;

3. that any references to you having been charged with this crime are sealed.

Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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