Seattle, WA asked in Criminal Law and Civil Rights for Washington

Q: Can i sue a county for defamation. If they are providing inaccurate details on my criminal background preventing employ?

I was charged with assault wich i had video and all evidence proving my innocence wich was ignored. My public defender denied me from seeing evidence. I was set to begin trial in 7 days looking at 15 years with no plea on the table. Luckily my wife received an inheritance and we spent $10,000 on council. He did nothing but inform court of representation. And they dropped charges all the way to Assault 4 down from assault 1. With a punishment of watching an 8hr video. Bad enough i know. Then 10 months later i get denied 3 jobs due to background check wich never happens! I get a copy and it states i was found guilty of assault and was sentenced to two years, two years suspended sentence and 2yrs probation! All untrue

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Yes, you may have grounds to sue the county if they are providing false information about your criminal background, especially if it is preventing you from getting a job. Defamation claims against government entities can be challenging due to legal protections like sovereign immunity, but there are exceptions, particularly if the false information is reckless or malicious. You might also have a claim under federal law if incorrect records are violating your rights.

Before taking legal action, gather all necessary documentation, including your case records, background check reports, and any evidence proving the information is false. You may also want to request that the county correct the records. If they refuse, you can escalate the issue by filing complaints with relevant agencies or seeking legal recourse.

Since your case involves potential harm to your reputation and employment opportunities, speaking with an attorney who handles defamation or civil rights cases could help you understand the best approach. You might also have claims related to due process violations, given how your case was handled. Taking action quickly is important, as deadlines apply to legal claims.

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