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  1. #1
    Join Date
    Apr 2012
    Posts
    2

    Default How to Expunge an Unfounded Molestation Claim

    My question involves child abuse or neglect in the State of: California

    I was contacted yesterday by a detective telling me one of my kids had been taken in and questioned. (He is 4)
    Apparently he had made some statement about me washing him with a hose and such. The claim was found to be unfounded.
    I am not sure if this was out of spite by my soon to be ex-wife. My question is this: I was told this unfounded claim stays on my permanent record. I am in the process of finding new work and everywhere I have applied wants a background check. I had a 100% clear record until now. Is there a way to remove this claims since it was deemed unfounded. I shouldn't be punished because my ex wants to punish me.

    Thank you to anyone who can Help me out.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Expunging an Unfounded Molestation Claim California

    You can petition to expunge arrests and you can petition to expunge convictions, but you cannot petition to expunge investigations or interviews.

    Most employers can only inquire as to convictions, not even arrests. And if you were not contacted as a suspect for this matter, then no local police record will reflect that contact. A DEEP (unusually so) background might result in this popping up, but it's unusual for those backgrounds to occur unless you seek a security clearance or a law enforcement position. Most employer backgrounds involve the use of on-line investigations firms that search public records. This would NOT be included in such a search and would not be listed anywhere but in the records of the local police department looking into the matter.

    The other agency that will also have a record will be Child Protective Services as that agency is generally tasked with filing a final disposition with the state. Those records also cannot be expunged.

    I am a little perplexed why using a hose to clean off a child might be abuse, anyway. Certainly there was more to the allegation. Heck, I have a house full of boys ... more than once have we had to hose them off outside before they came INside.

  3. #3
    Join Date
    Apr 2012
    Posts
    2

    Default Re: Expunging an Unfounded Molestation Claim California

    Thank you for a prompt and fast reply. I feel like a weight has been lifted off my shoulders. Yes there were other kid stuff about anatomy mentioned apparently, I do not have all the details. But me cleaning his backside with a house was the cause for me being suspected. I do not get to see my kids as much and was sure it was a ploy to prevent me even more access to them. (I haven't seen them in almost a month now.)
    Thank you again.

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