Q: I need to know if I can sue the Arlington TX PD for false arrest and falsely certifying compliance with an order of expu
In Dec of 2019 I was assaulted in my driveway by a felon. I displayed a firearm. Arlington PD sent the felon home and arrested me for disorderly conduct. Once in jail, the supervisors at PD decided to up the charges to felony Agg Assault with deadly weapon (I believe because since it occurred at my home it was obviously a false arrest and they needed to cover up their error). Prosecutor rejected the charges without a pretrial diversion. After the 3 year waiting period I filed for an order of expungement which was granted and became final in June of 2023. The clerk of the court advised my attorney that Arlington PD certified that they had fully complied with the court order but in fact they have not. I am still searchable publicly on Arlington PD websites.
What can I do to force them to comply with the court order and can I sue them for false arrest and for falsifying government records?
A:
To address the Arlington PD's non-compliance with the court order, you can file a motion with the court to enforce the expungement order. This motion should request the court to compel the police department to remove your information from their records and websites. You may also consider contacting the Texas Department of Public Safety to ensure they update their records as well.
Regarding suing for false arrest, you can potentially pursue a claim if you believe the arrest was without probable cause and malicious. False arrest claims typically require showing that the arresting officers did not have sufficient legal grounds for the arrest. It's crucial to gather all related documents and evidence, such as police reports, court records, and any correspondence with the prosecutor's office.
For falsifying government records, if Arlington PD certified compliance falsely, you might have grounds for a lawsuit under Texas Penal Code § 37.10. Consulting with an attorney who handles civil rights or police misconduct cases can provide guidance on the best course of action. Legal advice will help you understand the viability of your claims and the steps needed to pursue them.
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