CAN I SUE THE COURT BECAUSEIT MADE A MISTAKE ON MY CRIMINAL RECORD AND I HAD TO PAY AN ATTORNEY TO GET IT FIXED?

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CAN I SUE THE COURT BECAUSEIT MADE A MISTAKE ON MY CRIMINAL RECORD AND I HAD TO PAY AN ATTORNEY TO GET IT FIXED?

IN 2006 I WAS CONVICTED OF MISDEMEANOR ILLEGAL ENTRY. ONE YEAR LATER I WAS GOING TO GET A JOB AT AN ASSISTED LIVING HOME BUT THEY TOLD ME I COULDN’T WORK THERE BECAUSE I HAD A FELONY FOR BREAKING AND ENTERING. COME TO FIND OUT THE COURTS TYPED IN THE WRONG PENAL CODE WHEN I WAS CONVICTED; SO INSTEAD OF HAVING THE MISDEMEANOR, THEY PUT DOWN THAT I HAD THE FELONY. IN ORDER TO GET IT CHANGED BACK TO A MISDEMEANOR, I HAD TO PAY AN ATTORNEY TO TALK TO THE JUDGE ABOUT THE MIX UP. THEY WERE HAPPY TO CHANGE IT BUT I STILL HAD TO PAY $350 FOR THE COURT’S MISTAKE. CAN I SUE THEM?

Asked on January 29, 2011 under Bankruptcy Law, Michigan

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

When the did the fix occur? Was it recently when you discovered the issue was not resolved properly? If so, you may not be able to sue the court but you can certainly sue your previous lawyer for messing up and not ensuring you were coded properly. If you wish to sue the court system, there are immunity laws in place and so you may have run out of gas in the lawsuit department.  However, many courts have a senior judge who handles case loads and within that department there may be an employee conduct department or something to that effect. Go in and see if you can make a formal complaint of what occurred to you and what it cost you.  You should understand though it is reasonable for things like this to occur, to be coded incorrectly. It is ultimately up to you to ensure your record is correct.  Check your credit reports to make sure everything is fine.


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