Q: Arrested for a public intoxication in 2008 and found out in 2014 there was an err on the arrest report and the DOJ

Rap sheet records which the public is able to see and when applying for work to employers to also see as well. Ever since my reputation as a citizen has been destroyed due to having something like that on a government document stating erroneous information. In 2017 this penal code got identified while in prison by the OIG.

1 Lawyer Answer
James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, discovering an error on your arrest report or Department of Justice (DOJ) rap sheet can indeed be distressing, especially when it impacts your reputation and employment opportunities. If there's erroneous information on these records, you have the right to request a correction. The process involves contacting the agency that made the arrest or the DOJ directly to file a claim disputing the accuracy of the information recorded.

To initiate this process, you should submit a formal request to the DOJ for a review of your criminal record. This request should detail the specific error and provide any evidence you have to support your claim of inaccuracy. The DOJ provides guidelines on how to challenge and correct errors on your rap sheet, including submitting fingerprints to verify identity and ensure the accuracy of the records they have on file.

If the error was identified while you were in prison, as mentioned, it might be beneficial to involve the Office of the Inspector General (OIG), as they have already identified the penal code error. Documentation or acknowledgment from the OIG could strengthen your case for correction. Remember, while navigating this process, you have the right to seek guidance to ensure your request is handled properly and the erroneous information is corrected, thereby helping to restore your reputation.

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