How to get a conviction that never happened off your criminal record?

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How to get a conviction that never happened off your criminal record?

My husband has an underage drinking offense on his record from 2007. He is now 26 years old so of course he wasn’t underage in 2007. He said that he never was arrested or pulled over for underage drinking. How can this be on his record if it never happened and how can we get it fixed

Asked on February 8, 2011 under Criminal Law, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It is really odd.  Same date of birth and social security number? You are going to have to start by going down to the court and pulling the file and looking at the disposition, etc.  If the person was arrested then they were probably photographedand finger printed.  You may need to get an attorney to help you here to go through the documentation.  You know the proof that you will need: birth certificate, driver's license, etc. to prove who your husband is to the court. You may also need an affidavit for his benefit.  But you need to find out who this other person was that was arrested and convicted first.  Good luck to you.


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