Expert: Jack Toomey - 9/1/2007

Question
Hi, I recently enrolled my son in school and they ran a criminal background check on my husband and me, I received a letter in the mail the other day saying he had a criminal record---public intoxication, resisting arrest, and giving a false name and address---plead guilty to the PI and the other 2 charges were dismissed--a copy of this was also sent to the school, which is totally embarrassing, so I called the courthouse to find out what was going on, they told me that the man who did it was Tracy, but he had given my husbands name, address, and birth date, so now my husband has a criminal record and this happened in 2003.  Shouldn't we have been notified about this in some form or fashion?  Shouldn't the criminal record on my husband been deleted, when they figured out it was Tracy? (they dismissed the charges against him for giving a false name and address, but yet kept a record  on my husband)and when I called the courthouse they told me who the person was that actually did the crime (Tracy) I'm just wondering why they didn't fix it  ASAP? Is there a law against giving someone a criminal record that didn't do the crime?

Thank You for your time,
Angela

Answer
If you would have simply explained who Tracy was this question would have been easier to answer.  Since you referred to him by his first name it could have been your brother, his brother, an uncle, the next door neighbor, etc.  But since you were so vague I needed the information to answer the question.