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  1. #1
    Join Date
    Jun 2012
    Posts
    2

    Default Named in a Criminal Investigation, but Never Charged

    My question involves criminal records for the state of: Oregon A year year ago, May 2011, my husband was charged and in September 2011 was convicted of Assault(4) Misdemenor against my son, (his step son). My husband was not put under supervision, there was no formal DHS case other that one he had to open voluntarily just so he could go to the court ordered parenting classes, etc. I was at work when the incident occurred and was found to be of no threat that very day. I had no part in the case other than it obviously being my son and husband.
    Now, just so happens I am a criminal justice student, trying to get a job in the related field. I did my first background interview that went along with my comprehensive background check and was shocked that the investigator has what appeared to be the preliminary report from the incident with my husband. I am assuming that he got it because I am the parent to the minor involved in the case but I dont know. I did'nt have a part in the case other than being the parent.
    So my question is: Is there anything I can do on my own behalf to detatch my name? Or Can I seal it on my son's behalf? Or Will my husband be eligible for expundgement? Thanks

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,947

    Default Re: Named in a Criminal Investigation, but Never Charged

    Oregon has laws pertaining to the sealing of records of arrest (for qualified individuals), but I see nothing that would allow you to seal a record that simply names you as an involved person or witness. Also, the arrest record that can be expunged under statute is different from the report of a police investigation that leads up to the arrest.

    A local criminal defense lawyer may have some ideas; I'm not seeing anything in the statutes.

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