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  1. Expungement and Sealing: Re: Expunged Criminal Record Still Shows Up on the Court Website

    You should follow up with the clerk’s Appeals Unit about that. Only they will know information specific to addressing an appeals issue. As for the FBI records, records never get “removed”. What does...
  2. Search and Seizure: Re: Getting Property Back After Search and Seizure

    His most direct avenue of recourse would be to file the appropriate complaint in the court that has jurisdiction against the police department to compel them to release the property. In some...
  3. Traffic Accidents: Re: Who Do I Turn to First

    Your best option would be to talk with your insurer and see what they say. That should be the first step. Seeking legal counsel is something to do when you receive a demand letter or summons. That...
  4. Animal Offenses: Re: Leaving Dogs Unattended in a Parked Vehicle

    Nothing for the OP to do but pay the fine and be glad that the police took the time to notify them after running the plates. Out here in Arizona, the police WILL BREAK WINDOWS if necessary when...
  5. Service of Process: Re: What Actions in Court Will Waive an Objection to Lack of Service

    That would be a question to seek legal counsel on. Drawing on my experience with the courts as a clerk, the court may well consider the filing of a Notice of Intent to Defend as an answer to the...
  6. Service of Process: Re: Being Sued in California from New Jersey

    The immediate answer to your question is to review the Rules of Civil Procedure and Local Rules for the court in which the plaintiffs filed. Those rules will tell you what manners of service are...
  7. Replies

    Expungement and Sealing: Re: How Can I Seal My Criminal Records

    You might also wish to contact the clerk of the court in your county. The clerks who work the criminal desk should be able to tell you what the process for applying to have a conviction set aside is.
  8. Service of Process: Re: Substituted Service in Georgia

    And it likely won't make a difference in the outcome. Once you file a response, the court may well determine that while the service did not meet the requirements of the Rules of Procedure, no...
  9. Re: Civil Forfeiture Taking Your Car for Shoplifting

    My home state of Tennessee passed a DUI forfeiture law years ago. It didn't work quite as well as hoped-the habitual drunks filled up the impound lots with junkers that they bought for $500.
  10. Civil Rights Restoration: Re: Once Your a Convicted Felon, Can You Ever Legally Posses a Firearm in Ohio

    You will want to speak with someone in the Court Clerk's Criminal Division and possibly with an attorney to determine what you will need to do to have your rights restored. The Court Clerk's office...
  11. Criminal Records: Re: Procedure in Arizona for Obtaining a Copy of Your Criminal Record

    The process that the OP is describing is the process for obtaining his criminal record from the Arizona Department of Public Safety. Obtaining a copy of the court record is done by contacting the...
  12. Open Container Laws: Re: Ninteen Year Old Caught with Beer at a Party

    How you resolve the matter is your choice. As for the record, you can ask the court to expunge the conviction or set it aside. However, it will remain in the FBI criminal records database as you are...
  13. Settlement: Re: How to Ask for Settlement Thorugh the Courts

    And if you lose, you'll be paying their court fees and attorney fees on top of what you already owe. That will make the $1,000 offer look like the bargain it was.
  14. Violation & Enforcement: Re: Can I File a Small Claim if I'm Restrained

    And on the other side of the coin, the other party has no right to detain the property of another or use harassment as a guise to do so. If the OP believes that he can establish proof of ownership...
  15. Arrest Warrants: Re: Not Going to Court and Moving Out of State

    Nope. It will automatically be considered unlawful flight from justice-a.k.a. fleeing. Any action taken to avoid being brought to justice is considered unlawful flight. The police do not have to be...
  16. Replies

    Civil Procedure Issues: Re: Getting Out of Jury Duty

    As jk said, it might work but it is a very bad idea. Not only is perjury unlawful, in many jurisdictions it is a criminal felony. You don't want to find that out the hard way.
  17. Violation & Enforcement: Re: Can I File a Small Claim if I'm Restrained

    Possibly. Then again, that would be an issue for the other party to raise. The right of the OP to file the claim is guaranteed under Constitutional law (7th Amendment). If the other party chooses to...
  18. Replies

    Regulations and Procedures: Re: Challenging Signatures to a Petition

    We deal with these types of challenges fairly routinely during campaign season at my office. If the OP has standing, they can file a complaint pursuant to their state law. Here in Arizona, that...
  19. Violation & Enforcement: Re: Can I File a Small Claim if I'm Restrained

    Because those matters are addressed by Constitutional law. If she (or you) were to be excluded from the courtroom or prevented from filing legal documents or serving legal documents on each other in...
  20. Collection and Enforcement: Re: Spouse's Info

    Actually, they can take action with that information. Even though the wife is not named in the judgment, as you are married they can place a garnishment on her wages to satisfy the judgment. Unless...
  21. Criminal Records: Re: Record Still Shows Felony Conviction Set Aside 30 Years Ago

    This is not at all uncommon. Sounds like an updated Disposition Report was never sent to DPS. He definitely should check with the Error Resolution Unit. Also, be aware that restoration of civil...
  22. Criminal Records: Re: If a Record is Destroyed, Does That Mean it Was Expunged

    The DOJ rap sheet will include any arrest and/or conviction that was reported. It will have the law enforcement agency case number and should have the court case number, disposition and sentence...
  23. Violation & Enforcement: Re: Accused of Violating a Protection Order While Picking Up Our Child

    That could be considered legitimate use. Did you attempt to speak to your ex or did you just drive up to pick up the kid?
  24. Pretrial Motions: Re: How to File a Motion of Discovery with the Prosecutors Office

    The Motion for Discovery would be filed with the Clerk of the Court and served upon the prosecutor's office. You will want to review the Rules of Criminal Procedure for your court and may have to...
  25. Background Checks: Re: Want to Run a Background Check on Myself - I Will Pay, What Service

    Your best bet is to request a background check from the FBI. Information on how to do that can be found here:...
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