Won Malicious Prosecution Case but My Record Still Shows Arrest
My question involves expungement or pardons for the state of: Missouri
Thanks for taking the time to read my question and for any help you can provide. A quick summary of events are as follows. In the context of a high conflict custody battle, my former spouse made allegations to the police that I has sexually abused our daughter. No real investigation of her allegation took place. I was arrested. I stood trial and was unanimously found not guilty. I then sued my former spouse for malicious prosecution and slander for having fabricated the allegations of abuse she made against me and won a unanimous verdict and was awarded almost $170,000. I will never see a penny from the judgment but that is another story. To win the malicious prosecution suit I had to prove a lack of probable cause and that my former spouse had instigated the prosecution with malice knowing at the time that her allegations were untrue. The problem is that even though I was unanimously acquitted and subsequently my former spouse was unanimously found guilty of malicious prosecution, the fact that I was arrested for child sexual abuse remains on my record which is horrible. Although it is now a closed record my career interests are in the education and medical fields and employers in both industries do a background check of both open and closed records in Missouri. So, I am continuing to be harmed for something I did not do. I was able to find the Missouri statute that deals with expungement 610.122 RSMo and I read that 5 factors need to be met for an expungement. I am more than able to qualify for all factors excepting for #2 which states "No charges WILL BE pursued as a result of the arrest". In my situation, no charges "will be pursued" but charges were pursued because I stood trial but I am thinking that they mean since I was charged I can not qualify for an expungement. Surely I am misunderstanding this because it appears to me that, per this statute, I am being denied expungement because I stood trial. I am certainly deserving of the expungement. I more than proved my innocence. I view my situation like a person who was tried for murder and found not guilty. Then later, the real murderer is found, tried and convicted. Certainly the first man charged should not have the arrest and charges on his record once the real killer is found guilty. Similarly, I should not have the arrest and charges for such a horrible crime on my record since my former spouse was found unanimously guilty of malicious prosecution. Can anyone offer advice. Am I actually barred from expungemetn because I stood trial. I have never had any trouble with the law before or since. Not even a serious traffic issue. Your thoughts are greatly appreciated. I can't afford a layer to help me so I am on my own here. Thanks.
Re: Won Malicious Prosecution Case but My Record Still Shows Arrest
You really should get an attorney's help with this. Contact the Missouri State Bar association for a referral or legal aid. The first consultation is usually free.
I should think that since you won the case AND were factually innocent, you would still qualify for an expungement, but I'm not finding a clear answer. This is why you need to consult an attorney.