Oakland, CA asked in Criminal Law and Civil Rights for California

Q: How can I remove my name from the discovery paperwork for a crime I did not do?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: In California, if your name appears in discovery paperwork related to a crime you did not commit, removing your name can be challenging, as discovery documents are part of the official record of a criminal investigation or proceeding. However, you have options to address your concerns and seek to protect your reputation.

Firstly, consider consulting with an attorney who is experienced in criminal law. An attorney can provide guidance on the specific steps to take in your situation, which may include filing a motion with the court to seal or redact certain information from the public record if it unfairly implicates you or violates your privacy rights.

Additionally, if you believe your inclusion in the discovery paperwork is a mistake or the result of identity theft, it's crucial to gather any evidence that supports your claim. This evidence can then be presented to the attorney or directly to the prosecuting agency to clarify the mistake. While there is no guarantee that your name will be removed from all documents, taking these steps can help mitigate the impact on your reputation and ensure your side of the story is heard.

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