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About Robin Sexton
Expertise
Questions dealing with Police and investigative procedures, criminal investigation for all classifications of crimes, Interview and interrogation techniques, crime scene procedure. Police techniques and procedures. Can not answer specific questions about specific cases.

Experience
Member of the Michigan State Police for over 30 years. over 20 years as a Detective. Conducted numerus investigations from Homicide to dog bite. Internal investigations. Investigations in prison enviorment.Majority of career has been spent in rural areas of Michigan

Education/Credentials
Bachelor of Science degree. Long list of professinoal training schools

 
   

You are here:  Experts > News/Issues > Crime/Punishment > Criminal Law > False Criminal Record

Topic: Criminal Law



Expert: Robin Sexton
Date: 6/24/2008
Subject: False Criminal Record

Question
Have a friend who is a NYC Auxiliary Police Officer, has one arrest on his record that ended up being sealed, with no conviction. His attorney at the time advised him that "sealed" means it was like he never got arrested nor convicted.  Upon his application for a gun license he answered "no" to the question of arrest and also to the question of conviction. Also 2 more arrests turned up on his background check,  and his application was denied. Turns out his brother used his name in regard to the latter two arrests.  He appealed the Licensing Division and his appeal was denied under the pretext of the two arrests that were not him and that he "lied" when asked if arrested.  He seems to have the appropriate documents detailing it was not him. What steps should he take from here? What documents might he need in case its not everything as he suggests? Preferably at minimum cost? (This is a blue collar guy with limited funds) Thanks for any answer you can provide.

Answer
Frank,

This is obviously not something to be taken lightly. If his brother used his name on these arrest who knows what else may be out there.  First step report this to a police department, This is identity theft.  He also needs to contact an attorney to have this convictions amended to clear his name from the file.
This is not an over night process.  I would also strongly suggest that he contact the credit reporting agencies and begin a review of his credit history.  Unfortunately this will not be a quick or painless process.  This is why identity theft is so insidious.  He should be aware that this could result in additional charges on his brother.

Hope this helped


Robin

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