Can I sue the state for messing up my criminal records?

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Can I sue the state for messing up my criminal records?

GA state records stated I was a felon, and for the past 7 years I have been affected by this job-wise and family-wise. I found out because I needed a background check the other day to come and be a helper at my child’s field day at school and it said convicted felon. Not only that but it had a charge that was not mine as well. The code was a misdemeanor but it had written beside it felony and at the top of the page convicted felon.

Asked on April 18, 2011 under Criminal Law, Georgia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

While you've been told about these errors, it doesn't sound as though you have seen your criminal history record (i.e. "rap sheet") for yourself.  So first off, you'll need to get a copy of it.  For that you'll need to contact your local police department or sheriff's office. They can advise you of just how you go about this (there is a minimal fee of around $20 for obtaining your record).  Once you have your record, you'll need to review it for errors.  Without an order of expungement or other court order, no correct information can be removed but you can remove/correct errors.  In order to fix any mistakes you will first need to have your fingerprints taken. Contact the GA Criminal Information Center (there is another $20 fee involved).  You can make an appointment for them to take your fingerprints or you can have them taken by your local law enforcement agency (and then have them sent to the GCIC).  After that you'll need to send a written request to the GCIC briefly stating your reasons for the change of information.  You will receive a certificate of the results through the mail once your request is processed. 

If paperwork is not your thing you may want to hire an attorney to help you with all of this.  Best of luck. 


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