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  1. #1
    Join Date
    Dec 2011
    Location
    Small Town, Iowa
    Posts
    24

    Default Wrongly Arrested with Charges Dropped, but Still on Record

    My question involves criminal law for the state of: IOWA

    Several years ago I was pulled over and arrested. Long story short, my daughter had a vehicle with both of our names on the title. She was 17, I was 38. She did 4 "gas rips" and the vehicle plates were turned over to a detective who put the warrant out for my arrest. When it all come out, the charges were dropped against me, and my daughter as well...she only had to pay back the money for the gas. HOWEVER; I recently had a background check done, and a 5th degree theft showed up. It shows charges were dropped...but that doesn't mean anything to a prospective employer. Here is the story if you want to read further, otherwise, my comments above are pretty much it - arrested for something I didn't do, but dropped charges still show on my record. Can I get these removed? Is there anything I can do?

    I found out the day after my arrest what had happened. I initially thought it was purely mistaken identity. I was not told at the time any information other than I had a warrant out for my arrest for the (4) gas rips. The officer insisted it was my vehicle, but did not go into detail.

    I drove a Jeep Cherokee. My daughter drove a Chevy Malibu...so I did not put it together until seeing the report the next day. I had not remembered at the time that my name was also on my daughters vehicle. It was purchased with her own money from a private seller.

    I contacted the detective...this is EXACTLY what he told me:
    He did a 6 photo lineup. The store clerk immediately pointed to my picture, positively identifying me. As he received these four reports of theft in a quick succession, he did not bother to try to contact me and instead immediately placed a warrant out for my arrest. He did also mention that the clerk had stated there were two people in the vehicle, and one had appeared to be of an Asian descent, but had blonde hair.

    Here is the deal. My daughter is white with blonde hair. Her best friend (who I later found out) was with her, and it Vietnamese. Ironically...she had dyed blonde hair.

    I was trying to fight these charges, constantly calling and talking to different detectives and was finally able to find out who the district attorney was and left a voice mail regarding this issue. I kept trying to explain to everyone that it was not my vehicle, it was my daughters, and she was not the only one using her vehicle.

    The district attorney contacted me a while later. He stated they were dropping all charges, and would not pursue charges against my daughter, that the gas station agreed to allow her to pay cash for the gas theft, and would drop charges. So I immediately took my daughter there and had her pay for it in person.

    Also, the district attorney gave me further information that was NOT supplied by the detective. The detective had done a 6 photo line up, but had not included a picture of my daughter (the other owner on the vehicle), just me. Also, the clerk did not immediately point to me. What the DA stated was he had "hesitantly pointed to my picture, stating "That looks like her, but her hair was different and she was a lot younger."

    And this is the information the detective used to arrest me with. I'm assuming any person with common sense would look at the two owners of a vehicle, realize one is clearly a teen girl and the other the mother, and come to the conclusion that the person responsible for stealing gas would be the teenager, not the mother. Especially after the information they receive from the clerk. However; that is not what happened. And to put a warrant out? He, by his own admission, never once tried to contact anyone to come in to speak with him.

    That was the details. Now the ongoing problem. I had a background check done recently that come back showing an arrest for 4th degree theft. It does show it was dropped...but since when does that mean anything???!

    Can I fight to have that taken permanently off my record? Is there anything I can do? Fighting the police department is one thing, and fighting the entire system to have such a negative mark on my record almost seems impossible...

    Can I do anything about this?

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Wrongly Arrested with Charges Dropped, but Still on Record

    Check out Iowa's expungement laws, either with an attorney or online.

    You might qualify for expungement.

    But that doesn't necessarily mean that it will disappear 100%.

    By the way, there was nothing "wrong" with the arrest. You just weren't guilty of the charges.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Wrongly Arrested with Charges Dropped, but Still on Record

    Iowa legal aid explains,
    Quote Quoting What does it mean to have a criminal case expunged?

    • Expungement means that the criminal case is removed from most national, state, and local law enforcement databases.
    • Even if the court does expunge a case, the case may still be accessible to the public on ICIS, depending on whether it was a deferred judgment with successful completion of probation or if it was a not guilty verdict.
    • The case file will remain in the county clerk's office even if the record is expunged.
    • But, the expunged case should not be used against a person later.
    It appears that process should be automatic:
    Quote Quoting 692.17 Exclusions -- Purposes.
    1. Criminal history data in a computer data storage system shall not include arrest or disposition data or custody or adjudication data after the person has been acquitted or the charges dismissed, except that records of acquittals or dismissals by reason of insanity and records of adjudications of mental incompetence to stand trial in cases in which physical or mental injury or an attempt to commit physical or mental injury to another was alleged may be included. Criminal history data shall not include custody or adjudication data, except as necessary for the purpose of administering chapter 692A, after the juvenile has reached twenty-one years of age, unless the juvenile was convicted of or pled guilty to a serious or aggravated misdemeanor or felony between age eighteen and age twenty-one.

    2. For the purposes of this section, "criminal history data" includes the following:

    a. In the case of an adult, information maintained by any criminal justice agency if the information otherwise meets the definition of criminal history data in section 692.1, except that source documents shall be retained.

    b. In the case of a juvenile, information maintained by any criminal or juvenile justice agency if the information otherwise meets the definition of criminal history data in section 692.1. In the case of a juvenile, criminal history data and source documents, other than fingerprint records, shall not be retained.

    3. Fingerprint cards received that are used to establish a criminal history data record shall be retained in the automated fingerprint identification system when the criminal history data record is expunged.

    4. Criminal history data may be collected for management or research purposes.
    The question thus becomes, when you search here does your record appear? If not, it is quite possible that the information is being obtained from a source not governed by the expungement law.

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